
From The Classroom
By: Ray Hill. Professor Emeritus
Santa Rosa Junior College
1) A suspect is arrested for murder. After a Miranda admonition, he wants to speak with counsel. No further questioning takes place. The suspect's wife arrives at the police station wanting to talk to the suspect. You relay this message to the suspect. He wants to talk with his wife. The wife is neither coached or prepped to ask questions of the suspect. The couple is then placed in an interrogation room inside the detective bureau. Their subsequent conversation is tape recorded without their knowledge. Incriminating admissions are made by the suspect.
This recording should be
ADMISSIBLE or INADMISSIBLE
2) An in-custody suspect is questioned without a Miranda waiver or police ignore a request for counsel and continue questioning. He claims the failure to comply with Miranda requirements violated his Fifth Amendment rights. He seeks a civil remedy under Title 42 – Section 1983 United States Code for a violation his federal civil rights under color of law. Will this lawsuit be successful
YES or NO
3) A suspect is charged with soliciting the murder of his business partner. A criminal complaint was filed in Superior Court and an arrest warrant issued in his name. Hoping to gain a non-custodial statement. detectives ask the suspect to come to the station for a voluntary interview. When he arrives, he is given a Beheler admonition and agrees to talk to the detectives. Incriminating statements are obtained. The suspect is allowed to leave after the interview and arrested the following day.
These statements should be:
ADMISSIBLE or INADMISSIBLE
4) A college professor is suspected of selling grades to students who hadn’t attended classes in violation of federal law. Officers know that he has hired an attorney to represent him. Prior to arrest or criminal complaint, an informant and undercover officer meet with the professor at a coffee house. Recorded incriminating statements were obtained. These statements will be inadmissible because the suspect had retained counsel and was not advised of the right to have his attorney present during this ....
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