NYPD Law 3rd Trimester July 2024
Study online at https://quizlet.com/_g1rmdj
1. Miranda Warn- The police MUST inform these persons that: They have a
ings right to remain silent, They have the right to the presence
of an attorney, Anything they say can be used against
them in court, If they cannot afford an Attorney, one will
be appointed for them prior to any questioning if they so
desire.
2. Custodial Inter- When persons are in custody and the police want to
rogation interrogate them.
3. PO MUST advise 5th Amendment right against self-incrimination, 6th
suspects of This Amendment right to counsel whenever they are interro-
gated while in custody. If defendants have NOT been so
advised and they are questioned by police, their pre-trial
statements are not admissible in court.
4. Confession Voluntary statement directly acknowledging guilt
5. Admission NOT a direct acknowledgement of guilt, but rather an
acknowledgement of fact or facts. This can Either be incul-
patory (tending to establish guilt) or exculpatory (tending
to clear from guilt).
6. Custody Any restraint of a person that would lead a reasonable
person to believe that they are not free to leave.
7. Interrogation Asking questions designed to elicit responses from the
suspect that may acknowledge guilt, or implicate the sus-
pect as being a party to a crime (MIRANDA WARNINGS
required)
8. Determining Nature of the interrogator, Type of suspect being interro-
Custodial gated, Location and time of questioning. The longer the
Interrogation period of questioning, the more likely that it is becoming
Situations this. Therefore, try to keep the questioning as short as
possible. The PO must inform these persons of their rights
and ask specific questions that require an acknowledge-
ment of understanding ("Do you understand").
9.
, NYPD Law 3rd Trimester July 2024
Study online at https://quizlet.com/_g1rmdj
After Reading Off Suspect MUST waive them by answering "YES" to each
Miranda Rights specific question. Even after waiving their rights, they can
change their mind at any time. An individual's silence
to the waiver question can never be interpreted as a
valid waiver. These rights must be voluntarily, intelligently,
knowingly, and timely waived.
10. Determining Individual is under the influence of drugs or alcohol, There
Whether a is a language barrier, Individual has a low I.Q. or where it
Defendant's is obvious to the officer that the defendant is cognitively
Rights Were disabled, Age of the subject, Previous contact with the
Voluntarily, police, Coercive nature of the questioning.
Intelligently,
Knowingly, and
Timely Waived
11. Right to Remain Repeatedly giving the Warnings until a waiver is obtained
Silent is not permissible. Under certain circumstances, a person
who invoked this may be read the Miranda Warnings
a 2nd time when reasonable amount of time between
readings, questioning is to be done by a different police
officer, suspect indicates they have changed their mind.
12. Questioning In two court decisions, the "public safety" or "emergency"
Without Giving exception was created. PO may question a person in
Miranda custody prior to reading them the Miranda Warnings. The
Warnings purpose of this exception is to minimize or eliminate an
immediate danger of physical injury to the police and/or
the public. The nature of the danger should be of a kind
where immediate police action is required to protect the
safety of the person(s) involved such as missing person,
bomb threat, concealed weapon in a public place.
13. Non-Custodial Who are not in custody and free to go will be admissible.
Interrogation
14. Spontaneously Statements made Freely by a person and are not the
Volunteered result of any inducement, coercion or encouragement
Statements
, NYPD Law 3rd Trimester July 2024
Study online at https://quizlet.com/_g1rmdj
15. Emergency EX- Purpose is to "cure" an emergency.
CEPTION
16. Consequences Evidence obtained as a result of an improper confession
of Failing to is inadmissible. This is known as "The Fruits of the Poiso-
Adhere to the nous Tree Doctrine". If the gun is in such a place that the
Miranda police would have found it even without the defendant's
Requirements confession or statement (Inevitable Discovery Rule).
17. Careful Con- During a Terry Stop, the law allows you to ask accusatory
sideration When questions without Miranda Warnings. Officers may not
Making an Arrest question a suspect in custody whom they know to be
represented by counsel unless the suspect waives their
rights in the presence of their lawyer.
18. Right to Counsel A person may NOT be given subsequent Miranda Warn-
ings nor validly "waive" their rights UNLESS their lawyer
is actually present. When this has been established, an
attorney MUST be present at any questioning AND a
suspect may NOT waive their right to an attorney UN-
LESS the waiver occurs in the physical presence of their
attorney.
19. The "Right to In custody and wants an attorney, In custody and has
Counsel" Attach- retained an attorney on the current charge, In custody
es and the suspect's attorney notifies the police that they
represent the perp.
20. If the The "Right Defendant CANNOT waive right to an attorney without
to Counsel" At- attorney being physically present, Defendant CANNOT
taches be questioned, even on unrelated charges, A suspect
who is in custody and is represented by an attorney on
a prior unrelated charge WOULD have an absolute right
to counsel on the prior unrelated charge BUT would NOT
have an absolute right to counsel on the current charge
for which the suspect is not represented.
21. Prompt A one-on-one display of a suspect to a victim, usually
On-the-Scene within minutes after a crime is committed or within a
Show-Ups reasonable time (NoMore than a 1 hour). Factors that
Study online at https://quizlet.com/_g1rmdj
1. Miranda Warn- The police MUST inform these persons that: They have a
ings right to remain silent, They have the right to the presence
of an attorney, Anything they say can be used against
them in court, If they cannot afford an Attorney, one will
be appointed for them prior to any questioning if they so
desire.
2. Custodial Inter- When persons are in custody and the police want to
rogation interrogate them.
3. PO MUST advise 5th Amendment right against self-incrimination, 6th
suspects of This Amendment right to counsel whenever they are interro-
gated while in custody. If defendants have NOT been so
advised and they are questioned by police, their pre-trial
statements are not admissible in court.
4. Confession Voluntary statement directly acknowledging guilt
5. Admission NOT a direct acknowledgement of guilt, but rather an
acknowledgement of fact or facts. This can Either be incul-
patory (tending to establish guilt) or exculpatory (tending
to clear from guilt).
6. Custody Any restraint of a person that would lead a reasonable
person to believe that they are not free to leave.
7. Interrogation Asking questions designed to elicit responses from the
suspect that may acknowledge guilt, or implicate the sus-
pect as being a party to a crime (MIRANDA WARNINGS
required)
8. Determining Nature of the interrogator, Type of suspect being interro-
Custodial gated, Location and time of questioning. The longer the
Interrogation period of questioning, the more likely that it is becoming
Situations this. Therefore, try to keep the questioning as short as
possible. The PO must inform these persons of their rights
and ask specific questions that require an acknowledge-
ment of understanding ("Do you understand").
9.
, NYPD Law 3rd Trimester July 2024
Study online at https://quizlet.com/_g1rmdj
After Reading Off Suspect MUST waive them by answering "YES" to each
Miranda Rights specific question. Even after waiving their rights, they can
change their mind at any time. An individual's silence
to the waiver question can never be interpreted as a
valid waiver. These rights must be voluntarily, intelligently,
knowingly, and timely waived.
10. Determining Individual is under the influence of drugs or alcohol, There
Whether a is a language barrier, Individual has a low I.Q. or where it
Defendant's is obvious to the officer that the defendant is cognitively
Rights Were disabled, Age of the subject, Previous contact with the
Voluntarily, police, Coercive nature of the questioning.
Intelligently,
Knowingly, and
Timely Waived
11. Right to Remain Repeatedly giving the Warnings until a waiver is obtained
Silent is not permissible. Under certain circumstances, a person
who invoked this may be read the Miranda Warnings
a 2nd time when reasonable amount of time between
readings, questioning is to be done by a different police
officer, suspect indicates they have changed their mind.
12. Questioning In two court decisions, the "public safety" or "emergency"
Without Giving exception was created. PO may question a person in
Miranda custody prior to reading them the Miranda Warnings. The
Warnings purpose of this exception is to minimize or eliminate an
immediate danger of physical injury to the police and/or
the public. The nature of the danger should be of a kind
where immediate police action is required to protect the
safety of the person(s) involved such as missing person,
bomb threat, concealed weapon in a public place.
13. Non-Custodial Who are not in custody and free to go will be admissible.
Interrogation
14. Spontaneously Statements made Freely by a person and are not the
Volunteered result of any inducement, coercion or encouragement
Statements
, NYPD Law 3rd Trimester July 2024
Study online at https://quizlet.com/_g1rmdj
15. Emergency EX- Purpose is to "cure" an emergency.
CEPTION
16. Consequences Evidence obtained as a result of an improper confession
of Failing to is inadmissible. This is known as "The Fruits of the Poiso-
Adhere to the nous Tree Doctrine". If the gun is in such a place that the
Miranda police would have found it even without the defendant's
Requirements confession or statement (Inevitable Discovery Rule).
17. Careful Con- During a Terry Stop, the law allows you to ask accusatory
sideration When questions without Miranda Warnings. Officers may not
Making an Arrest question a suspect in custody whom they know to be
represented by counsel unless the suspect waives their
rights in the presence of their lawyer.
18. Right to Counsel A person may NOT be given subsequent Miranda Warn-
ings nor validly "waive" their rights UNLESS their lawyer
is actually present. When this has been established, an
attorney MUST be present at any questioning AND a
suspect may NOT waive their right to an attorney UN-
LESS the waiver occurs in the physical presence of their
attorney.
19. The "Right to In custody and wants an attorney, In custody and has
Counsel" Attach- retained an attorney on the current charge, In custody
es and the suspect's attorney notifies the police that they
represent the perp.
20. If the The "Right Defendant CANNOT waive right to an attorney without
to Counsel" At- attorney being physically present, Defendant CANNOT
taches be questioned, even on unrelated charges, A suspect
who is in custody and is represented by an attorney on
a prior unrelated charge WOULD have an absolute right
to counsel on the prior unrelated charge BUT would NOT
have an absolute right to counsel on the current charge
for which the suspect is not represented.
21. Prompt A one-on-one display of a suspect to a victim, usually
On-the-Scene within minutes after a crime is committed or within a
Show-Ups reasonable time (NoMore than a 1 hour). Factors that
