POLS 4720 Lecture Notes - Lecture 15: Miranda Warning, Confrontation Clause
5 May 2018
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1. Where did the interrogation take place? What are the overall circumstances? And 2.
Objectively from a reasonable person’s point of view, was there a formal arrest or
restraint on freedom of movement of the degree associated with a formal arrest? For what
constitutes as a question under Miranda, the standards for interrogation comes from
Rhode Island v Innis. In this case, the Supreme Court held that the term interrogation
under Miranda refers not only to express questioning, but also to any words or actions on
the part of the police that the police should know are reasonably likely to elicit an
incriminating response from the suspect.
-If you are pulled over for speeding, the officer does not have to read you your Miranda
rights because you are not in custody and you are not compelled to answer those
questions.
-If you are stopped because you meet the description of a suspect in an armed robbery
that has just occurred, any reasonable person would believe that he or she is not free to
leave. If you are stopped and asked questions regarding your involvement in a crime, the
officer would need to read you your rights.
7.
Explain if the following can be used in court or if they are violations of the Confrontation
Clause:
-Sue and Joe are married. They begin to fight and the argument becomes extremely heated. Joe
hits Sue and knocks her to the ground. Sue runs to the bathroom and locks herself inside. Joe
pounds on the door angry and says he is going to get a hammer to open the door. Sue calls 911
on her cell phone and tells the police that her husband hit her and that she is locked in her
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Document Summary
For what constitutes as a question under miranda, the standards for interrogation comes from. If you are pulled over for speeding, the officer does not have to read you your miranda rights because you are not in custody and you are not compelled to answer those questions. If you are stopped because you meet the description of a suspect in an armed robbery that has just occurred, any reasonable person would believe that he or she is not free to leave. If you are stopped and asked questions regarding your involvement in a crime, the officer would need to read you your rights. Explain if the following can be used in court or if they are violations of the confrontation. They begin to fight and the argument becomes extremely heated. Joe hits sue and knocks her to the ground. Sue runs to the bathroom and locks herself inside.
