Know your rights Review from Boring Thursday Sources of law statutes Sources of law judge made law Judges write opinions and those opinions are law Stare decisis We inherited this judgemade law from merry old England ID: 132520
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Slide1
Arrest & interrogation
Know your rights. Slide2
Review from Boring Thursday
Sources of law: statutes.
Sources of law: judge made law.
Judges write opinions and those opinions are “law.”
Stare decisis. We inherited this judge-made law from merry old England. Boring. Slide3
Today: Arrest and Interrogation
When is someone under arrest?
What are your rights when under arrest?Slide4
ARREST!
“5-year-old arrested.”Slide5
ARREST!
“Crazy girl gets arrested.”Slide6
ARREST!
“Cops arrest fireman.”Slide7
ARREST!
What do these video scenarios have in common?
Brainstorm
for
StarburstsSlide8
ARREST!
United States v. Mendenhall (SCOTUS – 1980).
The
threatening presence of several officers;
The display of a weapon by an officer;Some physical touching of a citizen’s person;
Use
of language or tone indicating compliance is compelled. Slide9
ARREST!
“So long as a
reasonable person
would feel free to
disregard the police and go about his business, the encounter is consensual and will not trigger Fourth Amendment protections unless it loses its consensual nature.”Slide10
ARREST!
Case studies. Break up into three groups. Read the problem.
Pick characters.
Discuss the questions.
ACTION!Slide11
ARREST! Debrief
Factors demonstrating arrest.
Reasonable person test.
When in doubt, simply ask the officers if you can leave.
ALWAYS BE POLITE.Slide12
INTERROGATION
Objectives:Know your rights when police have taken you into custody.
Know how to invoke those rights when in police custody. Slide13
INTERROGATION
Elon James White explains what to do if you’re stopped by the police. Slide14
INTERROGATION
Your rights when in police custody:
Right to remain silent.
Right to know that anything you say can be used against you in court.
Right to have an attorney present, even if you can’t afford one. Slide15
INTERROGATION
When do these rights apply?
Only apply
in custody
. As in, under arrest. Not when you’re voluntarily talking to police.Slide16
INTERROGATION
How do I invoke these rights?
Like
Elon
said, you simply say, “I WANT AN ATTORNEY.”What happens if you invoke your rights?The police must leave you alone.
Invoke: (verb) to summon into action or to bring into existenceSlide17
INTERROGATION
Case studies. Break up into three groups.
Read the problem.
Pick characters.
Discuss the questions.ACTION!Slide18
INTERROGATION
Group One: The Traffic StopSlide19
INTERROGATION
Group One: The Traffic Stop.
Did the driver have a right to an attorney? Why or why not?
Did the driver “invoke” any such right?Slide20
INTERROGATION
Answers:No such right – not in custody.
Did not invoke rights anyway.
Berkemer
v. McCarty (1984) Slide21
INTERROGATION
Group Two: The (almost) Silent PersonSlide22
INTERROGATION
Group Two: The (Almost) Silent Prisoner
Did he/she have a right to remain silent?
Did he/she invoke that right?
What could he/she have done to stop the questioning?Slide23
INTERROGATION
Answers:Yes, he/she had a right to remain silent. He/she was in police custody.
No, he/she did not invoke the right to remain silent. You really have to be silent throughout, or just say, “I’m invoking my right to remain silent.”
Berghuis
v. Thompkins (2010)
“Zip it.”
-
Dr. EvilSlide24
INTERROGATION
Group Three: The Ambiguous RequestSlide25
INTERROGATION
Group Three: The Ambiguous Request
Did the suspect invoke his right to a lawyer?
Can the suspect’s confession be used in trial?Slide26
INTERROGATION
Answers:No, the phrase “Maybe I should talk to a lawyer,” did not invoke and the detective didn’t have to clarify.
Yes, because the request wasn’t clear enough, the confession can be used at trial.
Instead, the person should have said “I want a lawyer.”
Davis v. United States (1994)Slide27
INTERROGATION
SummaryPeople
in police custody
have the right to
remain silent and to have a lawyer with them during questioning.But, a person must clearly invoke
those rights.
If a person is not in custody, it means he/she is free to leave (but ask first!).