Crim Pro Checklist For Interrogation and Confessions

2) Interrogation and Confessions
i) Was the confession obtained in violation of the due process clause?
(a) Was the confession involuntary under the totality-of-the-circumstances analysis?
(b) Was the confession the product of coercive police conduct?
ii) Was the confession obtained in violation of Miranda?
(a) Was it obtained during custodial interrogation?
1. Custody
2. Interrogation (or its functional equivalent) [If “Yes” on both, go ahead.]
(b) Were adequate warnings given?
(c) Was there a valid waiver?
1. Knowing and Intelligent
2. Voluntary
(d) Did suspect invoke right to silence or to counsel?
1. If right to silence, was right scrupulously honored?
2. If right to counsel, did suspect initiate further communication?
(e) Do any of the exceptions apply?
1. Public safety
2. Impeachment
(f) Does the derivative evidence doctrine apply?
iii) Was the confession obtained in violation of the 6th Amendment Massiah doctrine?
(a) Deliberate elicitation
(b) Following the initiation of adversary criminal proceedings
(c) Waiver

Again, taken from this book.