Experimental. Doctrines is a new Annlex feature, starting with four areas: Self-incrimination, Brady, Terry and Miranda. Each page collects what courts have said about a leading case, quoted from the opinions that cite it. Annlex Chat uses these collections to help find relevant cases; what a case holds still comes from its opinion. We'd like to hear what's useful, missing or wrong: Send feedback
Doctrine
Self-incrimination
- Fifth Amendment privilege against compelled production of private papers
- Foregone Conclusion Doctrine (Act of Production)
- Foregone Conclusion Rationale — Prior Knowledge Limitation
- Nontestimonial physical evidence (blood-sample rule)
- Privilege Against Compelled Production of Evidence Later Usable Against an Accused
- Use and Derivative Use Immunity as Coextensive with the Fifth Amendment Privilege
- Warnings required before custodial interrogation
- Unambiguous Invocation of the Miranda Right to Remain Silent (Miranda)
Brady
- Cumulative Materiality of Suppressed Evidence (Brady)
- Duty to disclose material exculpatory evidence absent a specific request
- Impeachment evidence falls within the Brady rule
- No Pre-Plea Right to Disclosure of Impeachment Evidence
- Prosecutor's duty to learn of favorable evidence
- Reasonable-probability materiality (Brady materiality standard)
- Suppression of material favorable evidence
Terry
- Anonymous tip corroborated by police observation as basis for reasonable suspicion
- Informant's tip as reasonable suspicion for Terry stop and protective frisk
- Protective sweep of a vehicle's passenger compartment (vehicle frisk)
- Reasonable, Articulable Suspicion for Stops and Frisks
- Terry frisk scope — pat-down prerequisite to pocket intrusion
- Unprovoked Flight in a High-Crime Area as Reasonable Suspicion
Miranda
- Bar on Impeachment by Post-Miranda Silence
- Cessation of interrogation upon invocation of Miranda rights
- Constitutional basis of Miranda warnings (no legislative override)
- Custody, Not Investigative Focus, Triggers Miranda
- Edwards bar to reinterrogation applies across separate investigations
- Initiation of further communication under Edwards
- Invocation of the Miranda right to counsel
- Juvenile Age in the Miranda Custody Analysis
- Miranda 'interrogation' — the reasonably-likely-to-elicit standard
- Miranda custody in the suspect's own home
- Miranda impeachment exception
- Miranda Violation Not Actionable Under § 1983
- Miranda warnings required before court-ordered psychiatric examination
- No police-initiated reinterrogation after invocation of counsel without counsel present
- No talismanic incantation required for Miranda warnings
- Physical fruits of voluntary unwarned statements not suppressible under Miranda
- Police nondisclosure of attorney's attempted contact does not invalidate a Miranda waiver
- Question-First, Warn-Later Interrogation (Two-Step Interrogation)
- Routine booking question exception
- Routine traffic stop is not custody under Miranda
- Scrupulously-Honored Standard for Questioning After Invocation of Right to Remain Silent
- Stone v. Powell bar inapplicable to Miranda claims on federal habeas
- Suspect's Unawareness of Interrogation Subjects Does Not Invalidate Miranda Waiver
- Unambiguous invocation of counsel required to halt custodial questioning
- Unambiguous Invocation of the Miranda Right to Remain Silent
- Undercover questioning of incarcerated suspect is not custodial interrogation
- Voluntary station-house appearance is not custodial interrogation
- Waiver of Miranda rights — knowing, intelligent, and voluntary standard