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MIRANDA FLOWCHART

CUSTODY ADVICE OF RIGHTS (REASONABLE) KIV WAIVER ADMISSABLE


CONFESSION
INTERROGATION
KNOWN
STATE
ACTOR?
SEEKING
TESTIMONIAL
EVIDENCE?
INHERENT
COMPULSION
INVOCATION
(UNAMBIGUIOUSLY)
SILENCE? COUNSEL
SCRUPULOUSLY
HONORED?
Factors:
How long did the police cease
interrogation?
Did they re-Mirandize defendant?
When they returned, did they come back to
talk about the same or a different crime?
Did the officers who came back know about
the earlier assertion of silence?

COUNSEL
PRESENT?
DID THE DEFENDANT
RE-INITIATE HIS
RIGHTS?
WAS THE DEFENDANT ADVISED OF HIS
RIGHTS?
OR
OR
KNOWING
INTELLIGENT
VOLUNTARY
IMPLIED?
1. ADVISE
2. UNDERSTANDING
3. CONDUCT INDICATING WAIVER
QUALIFIED?