LAW 605 Lecture Notes - Lecture 46: Public Intoxication
23 Dec 2019
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Rhode island v. innis (1980: facts: d arrested. Police made comment to each other that it would be a shame if a kid from a school found gun and got hurt. Innis told officers he would bring them to gun, he did. If not, then miranda doesn"t apply so then it doesn"t matter if warnings were given or if he waived: held: not an interrogation, rule: interrogation is either express questioning or the functional equivalent. Case #1: two men are in the same jail cell for public intoxication. One is lying in pool of blood and other is asleep. Guard walks by, sees, open door, shouts what happened? and other inmate says, i killed him last night. : step 1: d trying to suppress statement, step 2: d has standing, step 3: custody and interrogation, custody: yes. Note: difference for prison (people in for the long haul) v. jail (just being held for arrest, most likely custody)
