Unit 1: Constitutional Interpretation
and the Bill of Rights

Deals with testimony of the accused

Procedural Due Process – self incrimination

Substantive Due Process – the right always exists and
people must be informed of this natural and pre-existing
right.







For Miranda to be in effect…
1) Evidence must have been gathered
2) Evidence must be testimonial
3) Suspect must have been in “custody” when evidence was
gathered
4) The evidence has to have been gathered from interrogation
5) The interrogation has to be conducted by state agents
6) The evidence obtained must be used in the prosecution of the
suspect.






The police must inform the person in custody of the following four things – there
is no standard statement used throughout the country.
1) The suspect has the right to remain silent.
2) Anything the suspect says can be used against them in court proceedings.
3) The suspect has the right to an attorney and to have them present during
questioning.
4) The indigent have the right to have the State appoint and pay for attorney
representation.
Before questioning, the person in custody must clearly state they understand
their rights and they either want legal representation or will voluntarily waive
their Miranda rights.



New York v. Quarles (1984) – public safety exception
Berghuis v. Thompkins (2010) – Change of mind issues
Florida v. Powell (2010) – reasonableness