Test Your Knowledge of In-Custody Questioning, Voluntary Statements and Admissibility (Miranda Quiz #3)

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

Miranda Review Quiz #3 

1. You have a suspect in an uncharged child molestation case who is in custody on similar charges originating in a neighboring jurisdiction. You go to the county jail to question your suspect. He is brought to a jail interview room, not handcuffed, but escorted by a deputy. You tell your suspect that he is not under arrest, that he is free to return to his cell at any time, and that he need not answer any of your questions. The suspect agrees to talk. During the interview, he makes incriminating statements about his involvement with two victims. 

These statements will be suppressed because the suspect was in custody in the jail environment, not free to leave the jail premises, thus he should have been given a Miranda admonition and a voluntary waiver of rights obtained before questioning. 

TRUE OR  FALSE 

2. A display case “smash” burglary occurs at a jewelry store. A suspect is arrested 15 minutes later, but is sans the fruits of the crime. While handcuffed and in the back of a patrol unit, the suspect is asked about the whereabouts of the stolen property. No Miranda admonition is given. He replies: “I ditched it in a storm gutter at 6th and Main.” Officers check this area and recover the evidence. 

Defense counsel wants the statement suppressed because of a Miranda violation and the evidence resulting therefrom suppressed as fruits of the poisonous tree.  

1. The statement should be   

ADMISSIBLE or INADMISSIBLE

2. The evidence recovered should be:  

ADMISSIBLE or INADMISSIBLE

  A burglary suspect is arrested at home. An officer asks him: “Where is the property ” The suspect admits he hid the fruits of the crime at his brother-in-law’s house. There was no Miranda admonition. No further questioning takes place. Two hours later, at the police station, the arrestee is approached by a detective. He is told that his previous statement cannot be used against him in ....

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