What can make a statement voluntarily given

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Reference no: EM133595859

Assignment:

1. What can make a statement voluntarily given?

2. Can a nonvoluntary statement be used for any purpose?

3. Is Miranda case specific? Explain.

4. Can a statement be taken from a defendant after indictment? Why or why not?

5. What are the three advantages of recording a suspect's statement?

6. What are the differences in the Fifth Amendment and Sixth Amendment right to counsel?

7. Discuss the public safety exception to the Miranda requirement.

8. How many times can a suspect be Mirandized?

9. Under what circumstances would a suspect need to be re-mirandized?

10. How can a suspect invoke his Miranda rights?

11. Investigator Lockemup is looking for Dennis Driver to interview him about the murder of Victor Victim. Lockemup finds Dennis Driver hanging out at a service station in Sodom City. Lockemup exits his vehicle and approaches Dennis Driver. Lockemup asks Dennis Driver to follow him down to the police department in Big City to talk. Dennis Driver agrees to talk and drives himself to the police department, which is one mile away from the service station. Dennis Driver parks his vehicle and enters the police department. He meets Lockemup in the lobby and they walk to an interview room down the hall. Is Miranda required before the interview? Why or why not?

12. How would your opinion of custody change if Dennis Driver were patted down and his cell phone taken by Investigator Lockemup before entering the interview room? Is Miranda required before the interview? Why or why not?

13. How would your opinion of custody change if Dennis Driver was left sitting in the interrogation room an hour before questioning? Is Miranda required before the interview? Why or why not?

14. When Dennis Driver is arrested for theft of property, officers pat him down and find a pill bottle in his right pants pocket. The officers open the pill bottle and find crack cocaine. Dennis Driver says,

"That's not my pill bottle, I'm just holding it for a friend." Is this statement admissible without Miranda? Why or why not?

15. When Dennis Driver is arrested for theft of property, officers say in his presence: "We're going to get a search warrant for his phone and I bet we will find texts between him and the guys who killed Victor Victim." Dennis responds, "Sure you are going to find texts between me and them, we are friends." Is that statement admissible without Miranda? Why or why not?

16. Investigator Lockemup wants to take a statement from Manny Maintenance. He sits down with Manny and reads the Miranda rights to Manny. Manny replies,

"Maybe I should talk to a lawyer."

Lockemup continues to ask him questions and Manny makes statements. Will those statements be admissible? Why or why not?

17. The defendant gave a statement that was voluntary, but he was in custody and not Mirandized at the time of the statement. The defendant takes the witness stand in his trial for possession of cocaine and tells the jury that he did not know that the cocaine was in the console of the vehicle he was driving because it was not his vehicle. Can the prosecutor impeach his trial testimony with a statement the police obtained voluntarily that he knew the cocaine was in the vehicle? Why or why not?

18. Using the same facts as above, but if the statement that the defendant gave the police about knowledge of the cocaine was not voluntary, how could it be used in the case against Manny Maintenance?

19. Based on Melvin's statement and the other evidence in the case, Investigator Lockemup obtains a murder warrant for Andy. Lockemup goes to the jail to speak with Andy. Immediately, Lockemup realized that Andy appears to be slow. Lockemup reads Andy his Miranda rights and Andy asks for an attorney. Lockemup tells Andy that he can exercise his right to an attorney, but asks, "Are you sure that's the way you want to go with this?" Andy asks,

"What do you mean?" Lockemup says,

"Everyone else has given me their side to the story and I just want to give you the chance to do the same." Andy makes an incriminating statement. Would this statement be admissible? Why or why not?

20. While Sam Snitch was giving a statement to Investigator Lockemup about the murder investigation, he also gave a statement about his own robbery. He says, "Man, I only took a few dollars, this is so stupid." The prosecution in Sam Snitch's robbery case wants to use that admission against Sam Snitch. Will it be admissible? Why or why not?

Reference no: EM133595859

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