[LAWE 233] - Final Exam Guide - Ultimate 85 pages long Study Guide!
Document Summary
Offered the benefit of defense counsel at trial, not upon arrest, and therefore that the confession was legally obtained and admissible. Defendants have the right to an attorney at the interrogation stage of criminal proceedings. Anything you say will be used against you in court. If you cannot afford one, an attorney will be appointed to you. Occurs when the police take a person into custody for the purposes of criminal prosecution and interrogation. When a person is under arrest, they are in custody. It is possible to be in custody without being under arrest. Deprive the person from freedom, if only the freedom to leave. Person must understand that they are under arrest. An encounter, confrontation, or questioning of a subject by a police officer that requires no justification. A writ or precept issued by a magistrate, justice, or other.
