Miranda Rights
Warnings required before custodial interrogation: the right to remain silent and the right to counsel.
The MBE loves the asymmetry between the two rights: invoking the right to counsel under Edwards bars all police-initiated questioning (about any crime — Roberson) until counsel is present or the suspect reinitiates, but merely invoking the right to silence only requires officers to “scrupulously honor” it — they may re-approach after a significant time lapse with fresh warnings (Mosley). The classic tell is “maybe I should talk to a lawyer”; under Davis, an ambiguous request is no invocation, so questioning lawfully continues (officers need not even clarify). And per Berghuis, silence alone doesn’t invoke — the suspect must unambiguously assert it.
Do not confuse the Fifth Amendment Miranda counsel right (custody-triggered, not offense-specific) with the Sixth Amendment right, which attaches at formal charging and is offense-specific (McNeil, Texas v. Cobb). And keep Miranda separate from search and seizure doctrines, gauged by the warrant/reasonableness framework and the exclusionary rule: a Miranda defect concerns statement admissibility and won’t, by itself, suppress physical fruits (Patane).
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