Synopsis of Rule of Law. Despite these differences, however, "[w]e are satisfied that all the principles embodied in the privilege apply to informal compulsion exerted by law-enforcement officers during in-custody questioning." Of course, a person's refusal to incriminate himself also cannot be used against him. . The officer pulled Muniz over and had him perform three … In my view, however, the circumstances of this case — in particular, Muniz's apparent intoxication — rendered the officers' words and actions the "functional equivalent" of express questioning *613 because the police should have known that their conduct was "reasonably likely to evoke an incriminating response." Ante, at 604. Oral Argument - February 27, 1990.

Super., at 390, 547 A.2d, at 423. Indeed, as the Court acknowledges, Muniz did in fact "stumbl[e] over his address and age," ante, at 586; more specifically, he was unable to give his address without looking at his license and initially told police the wrong age. . § 3731(a)(1) (1987). The Court's conclusion is wrong for two reasons.

MULTI-PARTY AND MULTI-CLAIM LITIGATION ChapterScope
Without being advised of his rights under Miranda v. He uses years and he has a late birthday. 377 Pa. Super. [13] The Commonwealth's protest that it had no investigatory interest in the actual date of Muniz's sixth birthday, see Tr. That was all that was sought here. At worst, he might utter a mistaken guess. S 382 (U.S. June 5, 2000) Brief Fact Summary.

--The same as he can get on the stand to explain why he didn't walk the line properly or balance properly, or anything else, he can get on to explain why--. 3, is merely an affirmative grant of legislative power to Congress, authorizing it “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” In Chapter 5, we examine the extent to which Congress may legislate under this clause. We granted discretionary review to determine whether Pennsylvania's Sex Offender Registration and Notification Act (SORNA), 42 Pa.C.S. the force of a question on the accused," Harryman v. Estelle, 616 F.2d 870, 874 (CA5 1980), and therefore be reasonably likely to elicit an incriminating response. . This Chapter examines principally the Due Process Clause of the Fourteenth Amendment, which imposes the obligation of due process on the states. Shortly after having taken residence at Beatrice Hover Personal Care Center, an adult assisted living facility, eighty-three year-old Helen Everly (Defendant) struck Sherry Lynn Muniz (Plaintiff), a professional caregiver at the center. --I think in those cases, Your Honor, it would be proper, because again, it's not testimonial in nature, it's demonstrative in nature. shall be compelled in any criminal case to be a witness against himself." Miranda v. Arizona, 384 U.S. 436, 468, n. 37 (1966) ("[I]t is impermissible to penalize an individual for exercising his Fifth Amendment privilege when he is under police custodial interrogation. I think that would have to be on a case by case basis. 17, 2000) Brief Fact Summary. Miranda v. Arizona (1966) Muniz's performance of the sobriety tests and his refusal to take the breathalyzer examination are thus protected by the Fifth Amendment under this interpretation. For substantially the same reasons, Muniz's responses to the videotaped "booking" questions were not testimonial and do not warrant application of the privilege. Baltimore Dept.

CourtListener is sponsored by the non-profit Free Law Project. for Cert. Criminal Procedure > Criminal Procedure keyed to Weinreb > The Privilege Against Self-Incrimination. Brief for United States as Amicus Curiae 13. Kelly answered all of Nationwide’s interrogatories, but Nationwide moved to require more complete answers. §1.1 INTRODUCTION AND OVERVIEW

... Marbury v. Madison (S.Ct. Zak sought to represent himself at trial and the trial judge made a proper Faretta inquiry and obtained a proper waiver from Zak of his right to counsel. Although the police's intent to obtain an incriminating response is relevant to this inquiry, the key components of the analysis are the nature of the questioning, the attendant circumstances, and the perceptions of the suspect.

June 18th, 1990, Precedential Status: Muniz did not count at all during the walk and turn test, supporting the inference that he was unable to do so. Your Study Buddy will automatically renew until cancelled. of Social Services v. Bouknight, 493 U.S. 549, 555 (1990) (individual compelled to produce document or other tangible item to State "may not claim the [Fifth] Amendment's protections based upon the incrimination that may result from the contents or nature of the thing demanded" but may "clai[m] the benefits of the privilege because the act of production would amount to testimony"). The question serves no apparent recordkeeping need, as the police already possessed Muniz's date of birth. Cf. As you read, keep in mind that there is also a Fifth Amendment Due Process Clause, which applies only to the federal government; in general, anything that the Fourteenth Amendment Due Process Clause would require the states to do, the Fifth Amendment Due Process Clause requires the federal government to do. The test is premised on the understanding that, whereas everyone's eyes exhibit some jerking while turning to the side, when the subject is intoxicated "the onset of the jerking occurs after fewer degrees of turning, and the jerking at more extreme angles becomes more distinct." in its contest with the individual to shoulder the entire load," .

377 Pa. .

Marbury argued that (a) he and the other appointees were entitled to the commissions and (b) Madison’s failure to deliver the commissions entitled the appointees to a writ of m ... Subject of law: The Supreme Court's Authority. Casebriefs is concerned with your security, please complete the following, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, I Agree to the End-User License Agreement, Establishing A Claim For Intentional Tort To Person Or Property, The Lawyer-Client Privilege and the Privilege Against Self-Incrimination, PART I. and its Licensors The officer then asked Muniz, "Do you know what the date was of your sixth birthday?" See also Illinois v. Perkins, ante, p. 292 (creating exception to Miranda for custodial interrogation by an undercover police officer posing as the suspect's fellow prison inmate).

address. Also indisputable is the testimonial nature of the responses sought by those directions; the content of Muniz's counting, just like his answers to the sixth birthday and the booking questions, would provide the basis for an inference regarding his state of mind.

But given the fact that five members of the Court agree that Muniz's response to the sixth birthday question should have been suppressed, I agree that the judgment of the Superior Court should be vacated so that, on remand, the court may consider whether admission of the response at trial was harmless error.

The psychiatrist had no investigative interest in whether the defendant's account of the crime and other disclosures were either accurate or complete as a historical matter; rather, he relied on the remarks — both those made and omitted — to infer that the defendant would likely pose a threat to society in the future because of his state of mind. Because Muniz finished the tests in approximately 6 minutes, the police required him to wait another 14 minutes before they asked him to submit to the breathalyzer examination. Id., at 478. First, as a factual matter, Muniz's responses were incriminating for a reason other than his apparent slurring. The "one leg stand" test requires the subject to stand on one leg with the other leg extended in the air for 30 seconds, while counting aloud from 1 to 30. 89-213. [6] Under Pennsylvania law, driving under the influence of alcohol consists of driving while intoxicated to a degree " `which substantially impairs [the suspect's] judgment, or clearness of intellect, or any of the normal faculties essential to the safe operation of an automobile.' Although the text does not delineate the ways in which a person might be made [496 U.S. 589]a "witness against himself," cf. It seems to me... it almost sounds cumulative to me here that what we're fighting about. certainly led the finder of fact to infer that his confusion and failure to speak clearly indicated a state of drunkenness that prohibited him from safely operating his vehicle." Pennsylvania v. Muniz Case Brief - Rule of Law: There is not a single rule that comes from this case. protects `a private inner sanctum of individual feeling and thought and proscribes state intrusion to extract self-condemnation' ") (quoting Couch v. United States, 409 U.S. 322, 327 (1973)).

Brennan summed up by stating that Miranda requires suppression of Muniz's response to the question regarding the date of his sixth birthday, but not the entire audio portion of the videotape.

Muniz did not count during the "walk and turn" test, and he does not argue that his failure to do so has any independent incriminating significance.
If the police may require Muniz to use his body in order to demonstrate the level of his physical coordination, there is no reason why they should not be able to require him to speak or write in order to determine his mental coordination. DUE PROCESS OF LAW.

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