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Chapter 5

LGLS 1101 Chapter Notes - Chapter 5: Custodial Interrogation, Mug Shot


Department
Legal Studies
Course Code
LGLS 1101
Professor
Hodge
Chapter
5

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Confessions Video Notes
Police Investigationwhen crime is reported, police conduct an investigation
o Look for evidence, talk to people
Fifth Amendmentguarantees that a person cannot be compelled to testify
against himself
Guarantees
o Voluntaryif a person decides to talk to the police, that decision must be
freely and voluntarily made
Own free will with no evidence of coercion
o Miranda Warningsread to you when being arrested
“You have the right to remain silent. Anything you say can and will
be used against you in the court of law. You have the right to have
an attorney present before any questioning. If you cannot afford an
attorney, one will be appointed to represent you before any
questioning. Do you understand these rights?”
Telling you that 5th amendment gives you the right not to talk to the
police
Only have to be given when there is custodial interrogation
Custodyfor purposes of Miranda Warnings means that
person “feels significantly deprived of freedom to leave”
o Police questioned suspect who was in the back of a
police car as they rode around with him; Murder
suspect “confesses” but wasn’t read rights
Man should have been given Miranda
Warnings before they questioned him
Interrogation
o Man walks into police station and confesses; Do you
have to give these warnings?
No because he voluntarily admitted and was
not questioned
Does not apply if you get pulled over
Fifth Amendment Protection
o You have the right of refusing testimony that will incriminate you
o Only applies to spoken words
o Does Not Apply To:
Handwriting samples
Fingerprint
Mug shot
Fourth Amendmentdeals with the law of search and seizure
o Prohibits unlawful search and seizures
o Warrants must be issued upon probable cause
Generally, the police need a search warrant to search a person or
his property
Search Warrant
o Officer must get written authorization in form of search warrant based
upon probable cause
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