Search results
Results from the WOW.Com Content Network
The United States Supreme Court has clarified that a person is being subjected to a custodial interrogation if "a reasonable person would have felt he or she was not at liberty to terminate the interrogation and leave." Thompson v. Keohane, 516 U.S. 99, 112 (1995). This test is objective and thus does not depend on the individual suspect's ...
Edwards v. Arizona, 451 U.S. 477 (1981), is a decision by the United States Supreme Court holding that once a defendant invokes his Fifth Amendment right to counsel, police must cease custodial interrogation. Re-interrogation is only permissible once defendant's counsel has been made available to him, or he himself initiates further ...
Howes v. Fields, 565 U.S. 499 (2012), [1] was a decision by the U.S. Supreme Court that an interrogation of a prisoner was not a custodial interrogation per se, and certainly it was not "clearly established federal law" that it was custodial, as would be required by the Antiterrorism and Effective Death Penalty Act (AEDPA).
The Supreme Court declined to create such an exception, because to do so would sacrifice the certainty and clarity of the Miranda rule. [5] The pre-arrest interrogation raised the issue of whether detention was equivalent to custody for purposes of the Miranda rule. [6] In its opinion, the court stated:
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that law enforcement in the United States must warn a person of their constitutional rights before interrogating them, or else the person's statements cannot be used as evidence at their trial.
Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court held that, unless and until a criminal suspect explicitly states that they are relying on their right to remain silent, their voluntary statements may be used in court and police may continue to question them.
Arizona in 1966, where the Supreme Court held that pre-indictment interrogations violate the Fifth Amendment, not the Sixth Amendment. As Escobedo was questioned during a custodial interrogation, the result for him would have been the same. [7] [8] [9]