Chapter 13- Interrogations, Confessions, and Admissions

- Interrogation: whenever an officer questions a person they suspect has committed a crime
- Confession: a statement made by a person claiming that he or she has committed a crime
- Admission: voluntary statement that a fact or a state of events is true
- All are admissible if made voluntarily, but defendants can seek to have confessions
suppressed if not taken before magistrate right after arrest
- 5th amendment retains right to be free from self-incrimination and 6th allows right to
counsel
MIRANDA
Custodial Interrogation
- Defendant must be in custody and interrogated by police before Miranda has effect
o Custody can take place anywhere, as long as defendant believes they are not free
to leave
o In custody if interrogation took place at station or prosecutors office
o Less likely if other people are present at interrogation
o Interrogations occurs when actions or words of officer can reasonably be expected
to elicit an incriminating response
Exceptions to Miranda
- Volunteered statements arent an interrogation
o Officers dont have to interrupt someone giving a voluntary statement to read
rights
- Routine questions such as name, age, address, are not interrogation
- Questions in interest of public safety dont require Miranda rights read, such as wheres
the gun? during an arrest
- Questions asked spontaneously, such as in response to an emergency
- Dont have to be given when officer is undercover
- Dont have to be given during routine traffic stops
o Are seizures, but not custodial
Multiple Interrogations and Reinterrogation
- Once defendant invokes right to remain silent or requests counsel, interrogation must stop
- Reinterrogation generally not allowed, but interrogations about a separate and unrelated
crime are permitted
The Warnings
- Defendant has right to remain silent, any statements made may be used against them to
gain a conviction, the right to consult with a lawyer and have a lawyer present during
questioning, a lawyer will be provided if you cannot afford one
- Cant presume anyone knows the rights, must be read to all
Waiver
- Defendant may waive rights, must be made voluntarily and knowingly
- Silence never a waiver, a defendant who doesnt indicate that they understand their rights
should not be interrogated
Violating Miranda
- Any statement or fruit of a statement obtained in violation of Miranda is inadmissible at
trial
o Statements can be used to impeach a defendants testimony

ELECTRONIC SURVEILLANCE
Title III of Omnibus Crime Control Act
- Prohibits wiretapping, bugging, or other electronic surveillance of a conversation when
the parties possess a reasonable expectation of privacy
- Evidence obtained in this way is excluded at trial
- States can make their own laws, but cant provide less protection than the federal statute
Court Ordered Surveillance
- Court approval required for any phone interception
- Only allowed for certain crimes
- Similar to obtaining a warrant
- Interception must cease once desired info is obtained
Execution of Title III Orders
- All interceptions will be recorded if possible
o Protects against editing and alteration
- Interception must cease if it is unrelated to the investigation
Exceptions to Title III
- Title III only applies to communications in which a person has a reasonable expectation
of privacy
- No court order needed to listen in on an extension as long as 1 party consents
- Any employee of a communications company who intercepts an incriminating
communication while doing ordinary duties may disclose info to authorities and it can be
used at trial
- No court order needed for officer engaging in certain national security investigations
- In emergencies, as long as application made within next 48 hours
o Judge must determine there was an emergency situation
PRETRIAL IDENTIFICATION PROCEDURES
- How reliable is each identification procedure?
Lineups and One-Man Showups
- Lineup: police exhibit a group of people, among whom is the suspect, to a witness or
victim for identification as the criminal
- One man showup: an exhibition of one person to a witness or victim for ID as the
criminal
- Lineup usually pretrial and later witness is asked to testify that they ID the perpetrator
- Right to Counsel
o Counsel only required after initiation of adversary judicial proceedings like
charge, prelim hearing, indictment, etc.
- The Fairness Right
o Accused entitled to a fair lineup that doesnt suggest guilt
o Self-Incrimination: lineups dont violate right, can be asked to wear certain
clothes or shave or wear a hairpiece
Photographs
- Photos can be used to ID
- Like with lineups, should not be suggestive, should have more than 1
- No right to counsel at a photo id session

Scientific ID Procedures
- Fingerprints, blood tests, genetics, voice, handwriting
- No right to counsel
- No right to refuse to cooperate
- Probable cause needed before tests can be forced when they involve invasion of privacy
- Validity and Reliability
o Judge must make a prelim determination that evidence is valid before it can be
presented to jury
- Fingerprinting
o Everyone has different fingerprints, can be matched in minutes
o Recognized by federal and state courts
o Taking prints doesnt infringe on any privacy rights
- Blood Testing
o Mistakes can be made on individual tests, both defendant and prosecution can
challenge a test
o Probable cause required and a warrant- intrusive and can cause pain
Procedure must occur in a safe medical environment
- DNA Testing
o Comparing body tissue samples to see if the genetic materials match
o Held as sufficiently reliable and admissible
- Voice Tests
o Having a suspect speak for identification is not violative
o Questionable accurate, not universally accepted
- Polygraph Tests: lie detectors
o Only accepted by a few jurisdictions
o Defendants may refuse to answer self-incriminating questions
o Cant refer to refusal of polygraph in trial
- Chain of Custody
o Evidence must be marked and recorded by all subsequent contacts
o Helps prevent tampering
o Breaks can result in exclusion
Exclusion of Improper Identifications
- Testimony about illegal ID must be excluded
- In-court ID can be excluded if tainted by pre-trial ID