From the Classroom: Take This Quiz to See How Your Knowledge of Miranda Case Law Stacks Up

From the Classroom
Miranda Review Quiz #1  
Let’s see how your current knowledge of Miranda case law stacks up. Give this a try! 

By Ray Hill 
Professor Emeritus, Santa Rosa Junior College 

Question One 

A suspect is arrested for residential burglary. He is given a Miranda warning and states: “I don't want to talk about it.” No further questioning takes place. Several hours later, another investigator approaches the in-custody suspect about a separate residential robbery. The suspect waives Miranda on this second case and agrees to speak on this crime. 

Statements from this second interrogation should be  

ADMISSIBLE  /  INADMISSIBLE  

Question Two  

A suspect is arrested for rape. He is given a Miranda admonition and states: “I want a lawyer right now.” No questioning takes place. The following day, another detective from a neighboring agency, investigating a separate and unrelated sexual battery/false imprisonment case, contacts the suspect in jail. The detective explains that he wants to question the suspect concerning an unrelated case. A Miranda admonition is given and he waives his rights.  

Any statement obtained should be  

ADMISSIBLE / INADMISSIBLE  

Question Three 

A suspect is arrested for rape. He is given a Miranda admonition and states, “I want a lawyer before talking.” No questioning takes place. Due to M.O. and description, the suspect is a “person of interest” in a neighboring agency’s case. That detective marks her calendar 14 days ahead. When the last date comes, she goes to the county jail to interview the “continuous custody/counsel asserted” suspect on her separate and uncharged case. A Miranda admonition is given and the suspect waives his rights. Some incriminating statements that corroborate other evidence are obtained during questioning.  

At a 402 motion hearing, the defense attorney argues the suspect had previously asserted his Miranda right to counsel, remained in custody and should not have been questioned. 

Any statement obtained should be: 

ADMISSIBLE /  ....

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