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confessions must be voluntary (totality test); becomes one of three Zerbst prongs post-Miranda

crazy guy confesses; voluntariness is based on govt actions, not D's. 

voluntariness is sub-constitutional, if it is violated, reward is you get it excluded.  No right to be free from interrogations.

Unless the interrogation "shocks the conscience" then you get a s1983 suit.  Rights violated. 

triggered by custody and interrogation --> creates a coercive environment; CE dispelled by four Miranda warnings, then must get a valid waiver.  Takes the Ashcraft test and morphs it into a threshold issue- if Miranda is complied with, generally good to go.  If not, confession presumed involuntary. 

Tucker makes Miranda a JMPR, Dickerson turns it into a Constitutional Rule

What is custody, for Miranda purposes?  Full custodial arrest (not Terry)

What is questioning, for Miranda purposes?  Express questioning, or its functional equivalent.  "a statement likely to illicit a response from a suspect."  Reasonable officer standard.

no Miranda warnings needed if atmosphere isn't coercive (prison co-inmates, one is an undercover cop)

statements given in exchange for protection in prison setting is coercive --> need Miranda warnings

Miranda warnings need not be word for word- just, taken in their totality, represent the four warnings

"you can have an attorney, just not now" ok- no requirement to have stationhouse attorney around. 

Miranda waiver test: must be voluntary, knowing, and intelligent

no requirement to apprise suspect of scope of oncoming questioning

Zerbst waiver must be proven by preponderance of evidence

Express waivers are best, implied ones are ok in certain circumstances.

police need not give helpful information to attorney or suspect. 

right to silence invocation: "scrupulously honored" test- even higher standard than Zerbst if they come back in and re-interrogate after invocation. 

Edwards rule: once right to counsel has been invoked, questioning must cease until counsel is present.

Edwards means counsel must be PRESENT- not, conferred with, then we may resume questioning

invocation for counsel must be unambiguous; if ambiguous, police may continue.

right to counsel is not offense specific.  It applies to any and all offenses.

if suspect re-initiates contact, ok; initiation can be ambiguous so long as it evinces a desire for a more generalized discussion about the investigation.

Miranda impeachment exception

Miranda public safety exception

no fruit of poisonous tree exclusion for Miranda

testimonial evidence in

physical evidence in too

Limits Elstadt; new police tactic of ask, Mirandize, ask again- really one interrogation setting- perverts Elstadt exception.