MBE Rules · Criminal Procedure
Miranda — interrogation
Innis
The rule
Interrogation includes express questioning and any words or actions police should know are reasonably likely to elicit an incriminating response. Spontaneous statements not in response to interrogation are admissible. Routine booking questions are not interrogation (Muniz).
In plain English
Interrogation isn't just direct questioning; it's anything police say or do that they should know might make someone confess. If someone blurts out something on their own, it's fair game.
Worked example
Officer A mentions finding a weapon near a crime scene while driving the defendant to the station. The defendant, without being asked, admits to owning it. This admission can be used because it wasn't prompted by direct questioning.
Memory hook
Interrogation: words or actions = response. If likely to get a confession, it's interrogation.
The trap
Students think: any police question is interrogation. Wrong, because routine booking questions aren't. The actual test is if it's likely to elicit an incriminating response.
How examiners test it
The MBE loves: suspect makes a statement after casual police remarks. Trap: students assume it's spontaneous. Check if police words/actions were likely to elicit a response.
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