Reference no: EM133941755

Question

Suspect Dawn is detained by store security detectives at a large retail chain for shoplifting. Store detectives place handcuffs on Dawn, place her in a locked security office, and contact the police.

Officer Smith is dispatched to the store. In her investigation, Officer Smith reads the store detective's report and establishes probable cause to arrest Suspect Dawn. Officer Smith removes the store detective's handcuffs from D's wrists, places her own handcuffs on Dawn, and advises Dawn that she is under arrest. Officer Smith then reads Dawn the Miranda warnings and asks Dawn, "Would you like to make a statement?" Dawn responds, "No, I want a lawyer." Officer Smith then transports Dawn to the police station. Officer Smith submits her police report detailing the arrest.

Several hours later, Detective Jones is assigned to the case. Detective Jones places Dawn in the interview room, reads Dawn the Miranda warnings, and asks her if she would "like to talk." Dawn says yes and subsequently confesses to the shoplifting.

1. Is Dawn's confession to Detective Jones admissible? Why or why not?

2. What if Detective Jones did not know that Dawn had previously been Mirandized by Officer Smith-would D's statement then be admissible?