#1

CJA/304

Week 3 Learning Team Assignment

Hello Team;

For this assignment I want you to answer the below listed situations. In your answer I want you to state what you based your reply on.

#1. A detective has enough probable cause to arrest Mickey for murder. But before he does, the detective calls Mickey on the phone and tells him, Im on my way to your house to arrest you. But before I do, I just want to ask you: did you commit this murder? Mickey responds, Yeah, I did. Whadya gonna do about it? True to his word, the detective goes straight to Mickeys house and arrests him. The prosecutor, at trial, wants to introduce Mickeys statement. One problem: the detective never gave Mickey his Miranda warnings. Admissible or not?

That will not be admissible in court, because he did not read Mickey his Miranda Rights before proceeding to ask him questions. So from my understanding that will get thrown out of court, because they do not have anything to go on besides Yeah I did. Mickey could have been covering for someone.

#2. A police officer is at a crime scene, and asks, out loud to the assembled masses, Anybody know who committed this crime? Willie comes out of the crowd and says, Yes, officer, I committed it. Willie is immediately arrested.

The prosecutor, at trial, wants to introduce Willies statement. One problem: the officer never gave Willie his Miranda warnings.

Admissible or not?First, why did the officer even ask out loud did anyone commit the crime, because at the time I could have been anybody. This case will not be admissible in court, because if you are going to arrest anyone, you have to read them their Miranda Rights. Willie probably didnt even commit the crime once they interviewed him.

#3. A cop, on routine patrol, sees Duke walking down the block, the butt of a gun hanging out the front of his pants waistband. The cop goes up to Duke, pats him down, and removes a loaded .38 caliber revolver from the front waistband. Duke doesnt have a license for the gun and is in a state that requires a license to carry a loaded firearm. The officer immediately arrests Duke for gun possession, but never advises Duke of his Miranda warnings. The officer brings Duke to the precinct and, while processing the arrest, notices a wanted poster for robbery with Dukes picture on it!

The officer calls the detective handling the robbery, advises her that he has Duke sitting right in front of him. The detective comes down, grabs Duke and, without ever advising him of his Miranda warnings, throws him in a line-up where he is identified by the victim. The detective also processes Dukes new arrest but never advises him of his rights. Duke gets indicted for gun possession and robbery. His lawyer makes a motion to suppress everything (including the gun, the line-up identification and both arrests).

Whats the judges decision on the motion to suppress?The judge decision is to suppress the arrests, line-up , and gun the reason is because both officer and detective failed to read the suspects the Miranda rights as well for violating the suspects 4th amendment which protects him against unlawful search and seizure.

#4. A man walks into a precinct and walks up to the desk. He announces to the officers, I just murdered my wife. A detective is called over and s/he asks the defendant, Would you mind coming upstairs and talk about this for a little while? The man says, Not at all! and follows the detective up the stairs. Once they sit at a desk, the detective does not handcuff the man nor block his exit.

Does the detective have to give him his Miranda warnings?

Can s/he continue to question him?Is the initial statement admissible?

How about subsequent statements under these circumstances?

(Based on how others have responded to this, let me say that you can assume his wife is really dead, the police find her body without his help, and he is not crazy!)

#5. A defendant is in the back of a police car, under arrest, for murder. The officers have not yet read him hisMiranda warnings.He asks the police in the front seat, Who do you say I killed? The officer says, Pamela. The defendant says, Yeah, well she had it coming!

Is this statement admissible?No, because the officer failed to read the Miranda Rights about being protected against self incrimination.

Can the police then continue questioning him? At this point the officer should stop the questioning, if he doesnt want any confession gathered to be thrown away.

Do Mirandawarnings then have to be administered?Yes, it is important for officer to stop suspect and read the Miranda Rights so any confession taken after arrest be used in court.