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?