FLETC UPTP EXAM 2 COMPREHENSIVE
EXAM SCRIPT VERIFIED QUESTIONS
COMPLETE ANSWERS GRADED APLUS
◉ what can an officer do after a suspect invokes their right to
counsel
Answer: § DO NOT QUESTION SUSPECT
§ Officer may NOT re-approach suspect while he remains in custody
§ LEO can question if suspect re-initiates contact or if his attorney is
present
· Readvise of rights and seek valid waiver if suspect re-initiates
contact
◉ what can an officer do when a suspect has invoked right to
counsel is released from custody
Answer: · Suspect is no longer is custody so Miranda no longer
applies
· Invocation of right to counsel attaches for 14 day period after
release
· If suspect is taken back into custody within 14 days, prior
invocation must be honored
◉ what are the Two types of contact by suspect
,Answer: o Routine administration matters: invocation remains in
place
o Investigation-related matters
§ LEO must re-advise of Miranda and obtain valid waiver
◉ when a suspects invocates Miranda, can they still be questioned
by a different cop?
Answer: no, all crimes all cops
miranda is not offense-specific
o Once invoked, the suspect may not be questioned about ANY crime
o Once invoked, Miranda applies to ALL police interviews
o CI/UC: Miranda does not apply - known LEO only
◉ Stale warnings
Answer: o No need to re-advise every time there is a break in
questioning once valid Miranda is obtained
o Has passage of time impacted the suspect's ability to
remember/understand the warning
◉ o Some factors court will consider to determine whether warning
is stale
, Answer: § Time between warning and statement
§ Interruptions in continuity of interrogation
§ Change in place of interrogation or interrogators
§ When in doubt, re-advise
◉ o If LEO is concerned about suspect's statement was obtained in
violation of Miranda
Answer: § Advise suspect that statement cannot be used against him
§ Have diff LEO conduct the second interrogations
§ Change locations
§ Allow some time to elapse before the second interrogation
§ This will strengthen the gov's argument that the violation was
unintentional and the second statement should be admitted
◉ does Miranda protect suspects from making voluntary statements
Answer: no, Miranda protects suspects from having voluntary
statements used against them in criminals trials
◉ will the fruits (physical evidence) of an unwarned statement be
excluded from use in a criminal trial
Answer: no
◉ fruits of Miranda violation
EXAM SCRIPT VERIFIED QUESTIONS
COMPLETE ANSWERS GRADED APLUS
◉ what can an officer do after a suspect invokes their right to
counsel
Answer: § DO NOT QUESTION SUSPECT
§ Officer may NOT re-approach suspect while he remains in custody
§ LEO can question if suspect re-initiates contact or if his attorney is
present
· Readvise of rights and seek valid waiver if suspect re-initiates
contact
◉ what can an officer do when a suspect has invoked right to
counsel is released from custody
Answer: · Suspect is no longer is custody so Miranda no longer
applies
· Invocation of right to counsel attaches for 14 day period after
release
· If suspect is taken back into custody within 14 days, prior
invocation must be honored
◉ what are the Two types of contact by suspect
,Answer: o Routine administration matters: invocation remains in
place
o Investigation-related matters
§ LEO must re-advise of Miranda and obtain valid waiver
◉ when a suspects invocates Miranda, can they still be questioned
by a different cop?
Answer: no, all crimes all cops
miranda is not offense-specific
o Once invoked, the suspect may not be questioned about ANY crime
o Once invoked, Miranda applies to ALL police interviews
o CI/UC: Miranda does not apply - known LEO only
◉ Stale warnings
Answer: o No need to re-advise every time there is a break in
questioning once valid Miranda is obtained
o Has passage of time impacted the suspect's ability to
remember/understand the warning
◉ o Some factors court will consider to determine whether warning
is stale
, Answer: § Time between warning and statement
§ Interruptions in continuity of interrogation
§ Change in place of interrogation or interrogators
§ When in doubt, re-advise
◉ o If LEO is concerned about suspect's statement was obtained in
violation of Miranda
Answer: § Advise suspect that statement cannot be used against him
§ Have diff LEO conduct the second interrogations
§ Change locations
§ Allow some time to elapse before the second interrogation
§ This will strengthen the gov's argument that the violation was
unintentional and the second statement should be admitted
◉ does Miranda protect suspects from making voluntary statements
Answer: no, Miranda protects suspects from having voluntary
statements used against them in criminals trials
◉ will the fruits (physical evidence) of an unwarned statement be
excluded from use in a criminal trial
Answer: no
◉ fruits of Miranda violation
