Section 11.23 Summary of Miranda Analysis

• Library: Criminal Practice 2012 Supp

4. (§11.23) Summary of Miranda Analysis

In summary, the Miranda v. Arizona, 384 U.S. 436 (1966), issues in any case may be generally analyzed as follows:

1. Was Miranda applicable?

a. Was the defendant in custody?

b. Was the defendant’s statement made during interrogation?

c. Was the interrogator a police officer or agent?

d. Is there a “fruit of the poisonous tree” issue? (See §11.24, infra.)

2. Were Miranda requirements met?

a. Were the warnings properly given?

b. Was there a proper waiver of rights?

c...