Section 11.23 Summary of Miranda Analysis

LibraryCriminal 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...

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