1. Interrogations and Confessions
Constitutional Law
12th Edition
The University of Adelaide, School of Computer Science
23 February 2019
Chapter 6
Interrogations and Confessions
Chapter 2 — Instructions: Language of the Computer 1

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Introduction
No person shall be compelled in any criminal case to be a witness against himself . . . 
— The Fifth Amendment
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3. Legal Hurdles for Confessions
In order to be admissible, confessions must satisfy:
the due process free and voluntary rule
the Fourth Amendment exclusionary rule 
the Fifth Amendment privilege against self incrimination
the Sixth Amendment right to counsel
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4. Determining Voluntariness
Voluntariness is determined by examining the totality of circumstances surrounding the confession, emphasizing:
pressures exerted by police
suspects degree of susceptibility
conditions under which interrogation took place 
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Exclusionary Rule
suppression of confessions that are causally connected to a violation of the suspect’s Fourth Amendment rights
when a confession is tainted beyond use, derivative evidence that would not have been discovered without the confession will also be suppressed
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McNabb-Mallory Rule
The McNabb-Mallory or "delay in arraignment rule" requires suppression of confessions obtained during a period of unnecessary delay in presenting the suspect to a magistrate for arraignment
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Miranda Rule
Activated whenever police interrogate a suspect who is then in custody. To procure an admissible confession, police must:
warn the suspect of his or her Fifth Amendment rights
secure a knowing, intelligent, and voluntary waiver before initiating questioning
cease interrogation if the suspect anytime thereafter manifests a desire to:
remain silent
speak to an attorney
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8. Custodial Interrogation
custody requires:
a formal arrest
restraint of the suspect's freedom of action to the degree associated with formal arrest
an interrogation occurs when the police: 
ask investigative questions
engage in other words and actions they know or should know are reasonably likely to elicit an incriminating response from the suspect
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Police Questioning
The Sixth Amendment right to counsel attaches when adversary judicial proceedings are initiated. Thereafter:
the government is prohibited from eliciting incriminating information except:
in presence of counsel
when defendant gives a valid waiver
the restrictions only apply to charged offense
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10. Questioning Standards
Fifth Amendment:
Miranda phase
before formal charges are lodged
protection only during custodial interrogation
undercover agents, informants, and jailhouse snitches permissible 
Sixth Amendment:
deliberate elicitation standard
defendants have a right to have counsel present whenever police deliberately elicit information pertaining to the charges
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Impeachment 
An inadmissible confession may be used only if:
the defendant takes stand and testifies on his or her own behalf
the defendant tells the jurors a different story from the one told to police
the confession was freely and voluntarily given
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Derivative Evidence
inadmissible derivative evidence:
statements obtained in violation of the due process free and voluntary requirement
violations of the Fourth Amendment search and seizure clause
violations of the Sixth Amendment right to counsel
admissible derivative evidence:
statements obtained in violation of the Miranda rule, unless: 
the statement was involuntary
the violation was deliberate
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Corpus Delecti Rule
"body of the crime"
requires evidence that a crime has been committed in addition to a confession
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