Reference no: EM132286179

Question :

1. List the rights included in the Miranda warnings. When must they be read to a defendant?

2. What happens if an officer fails to read a defendant his or her rights before obtaining a confession?

3. While on patrol, Officer Norman heard a scream from the backyard of a house. The officer proceeded to the back of the house, where he observed two people-a badly beaten victim and a young man (Tom) standing over her. Shocked by the sight of the victim, the officer exclaimed, "What happened here?"

Tom responded, "I killed her and threw the baseball bat over the fence." Officer Norman restrained the young man, called for an ambulance, and retrieved the bat. While waiting for the ambulance to arrive, Officer Norman asked the young man what his motive was for injuring the woman.

Tom explained his motive to the officer. The officer never Mirandized Tom. A motion to suppress the statement, "I killed her and threw the baseball bat over the fence," as well as the statement explaining his motive, has been filed. Additionally, Tom claims that the bat should be excluded because it is a fruit of an illegal interrogation. What should be the outcome? Explain your answer.

4. In the above problem (Question 3), provide a Miranda analysis and determine which statements are admissible and which are not admissible.