The Fifth Amendment

Day 4: Privilege Against Self-Incrimination & Miranda Doctrine

The Miranda Trigger

Miranda warnings are not required just because you are talking to a cop. They are triggered only when two conditions are met simultaneously.

Prong 1: Status

Prong 2: Action

Select conditions to see if Miranda is required...

Pillar 1: Custody

Berkemer v. McCarty

The Objective Test

Would a reasonable person feel they were not at liberty to terminate the interrogation and leave? Crucial: A routine traffic stop is "seizure" but NOT "Miranda custody."

J.D.B. v. North Carolina

The Age Factor

While the test is objective, a child's age is relevant to the custody analysis if known to the officer.

Pillar 2: Interrogation

Rhode Island v. Innis

Express vs. Functional Equivalent

Interrogation includes direct questioning OR any words/actions police should know are reasonably likely to elicit an incriminating response.

Illinois v. Perkins

The Undercover Exception

Miranda is not required when the suspect is unaware they are speaking to a police officer (e.g., an undercover agent in a jail cell).

Invocation of Rights

Once warnings are given, a suspect must be clear and unambiguous to stop the questioning.

Choose an Invocation:

Click a button to see the specific legal requirements for re-initiating questioning.

Exceptions & Remedies

Public Safety Exception

Police may ask questions without Miranda if there is an immediate threat to public safety (e.g., "Where is the gun?" in a crowded store).
New York v. Quarles

The Patane Rule (Physical Fruits)

Evidence found due to a voluntary but un-Mirandized confession (like a physical weapon) is ADMISSIBLE. Miranda only suppresses the statement itself.

Day 4 Exam Prep

Scenario: A suspect is in custody and says, "Maybe I should talk to a lawyer." Does the officer have to stop questioning?