Reference no: EM133317781

Question 1. You are an attorney who receives a call from a client who has been arrested. You tell him to say nothing to the police until you get there. You arrive to find him chatting with the detectives and occasionally mentioning issues related to the crime they are investigating.

You ask whether he had been read his rights and whether he understood them. The detectives and your client answer yes to both questions. So, why, you ask are they interrogating him. They reply that he did not tell them he was using his right to remain silent, so they no began discussing the case with him. Can you challenge the admissibility of what your talkative, but not real bright, client just told the detectives?

Question 2. You are arrested for a misdemeanor crime. You are being taken to your arraignment. You ask for an attorney. The police tell you that for such a small crime, the arraignment is just a formality and that you really don't need an attorney. You insist that you have the right to 530 an attorney. Are you correct?

Question 3. Given the same set of facts in Question 2, the cop finally relents and says, "Okay kid, call your lawyer." You explain that you can't afford one. The cop says, "Well kid, I guess you're just out of luck." Is he right?

Question 4. Computer technology has grown by leaps and bounds in recent years. As the new technologies develop, criminals are using more sophisticated encryption tools to safeguard the contents of their e-mail and the documents on their hard drive. Assuming that police had a valid warrant to seize and search a suspect's hard drive for evidence of criminal activity, can the suspect be compelled to give police the key to his encryption program so that they may have access to his records?

Question 5. The police are interviewing your client in connection with a rape. They ask him to submit a DNA sample. He refuses. The questioning continues; your client says he is getting thirsty. The police provide a can of soda. He continues to refuse to provide a DNA sample. When you finally leave, the police take the soda can and pull a DNA profile from the saliva on the can. Will that DNA evidence be admissible in court?

Question 6. You belong to the Church of Jesus Christ Latter-Day Saints more commonly known as the Mormons. While the church has elders, it does not have clergy in the same way that Catholic and mainstream Protestant churches do. You tell one of the elders that you committed a murder and that you want God to forgive you. Can the prosecutor compel the elder to testify against you or is what you told him subject to priest-penitent privilege?

Question 7. You committed a crime 1 year and 11 months ago. The statute of limitations for the crime is two years. Just before the deadline, the state charges you with the crime. Can you argue that waiting almost two years to charge you violated your right to a speedy trial?