Take Quiz No. 4 in Our Miranda Series: Test Your Pre- and Post-Counsel Interrogation Knowledge

From the Classroom
By Raymond Hill  
Professor Emeritus, Santa Rosa Junior College 

Miranda Quiz #4 

1) You have arrested a suspect for domestic violence with serious bodily injury. Upon receiving a Miranda admonition, he demands to see counsel. You give the suspect your business card, telling him you cannot question him further, that you still would like to hear his side of the story, and that if he should want to speak in the future, he should feel free to call you. The defendant is arraigned and a public defender is appointed to represent him. He is held over for trial at prelim. 

Three weeks later, you receive a phone call from the suspect. He says he wants “to get some things off his chest.” You contact him at jail, confirm that no one has promised or induced him to make the call, give Miranda, the defendant waives and makes incriminating statements.  

The public defender objects to the introduction of the statements at trial on Sixth Amendment grounds. She argues that as representing counsel, the officer didn’t contact her first, nor was she present at the time of the interview.  

The statements should be  

ADMISSIBLE or  INADMISSIBLE  

2) A vehicular manslaughter suspect is arrested, given his Miranda rights, waives and confesses. Three days later, he is charged, arraigned and appointed a public defender for legal representation. Several hours after arraignment, investigators recontact the defendant in jail. They obtain a second Miranda waiver and have the defendant write a letter of apology to the victim’s widow which contains inculpatory details about the crime,  

The defendant’s appointed attorney was not contacted or present during the second contact. 

The letter will be  

ADMISSIBLE or INADMISSIBLE 

3) Detectives arrest a suspect for child molestation. They plan to question the suspect without a Miranda warning so they can “establish a story line” and make the suspect feel more comfortable about talking to them. They question him for 30 minutes and obtain incriminating admissions. Once the “cat is out of the bag,” officers tell ....

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