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Question 1
Chris and Jimmy are illegally looking for crabs in a state reservoir. Park Ranger Yogi drives past them and parks his SUV in front of their car twenty feet from their crabbing spot, preventing them from driving off. He exits the SUV, ambles on up to within a few inches of the boys' faces, and says "Hey boys, did you know that what yer up to isn't exactly kosher?" "Gee Mr. Park Ranger," says Jimmy, "Sure. We can read those signs over there. What're you gonna do, slap on the cuffs?" At which point Jimmy starts laughing. Chris feels like running, but doesn't feel free to just leave with the Park Ranger standing there. Is Jimmy's statement in response to a custodial interrogation?
Correct
Incorrect!
Correct Whether Chris feels impeded as in (A) or Jimmy doesn't feel impeded as in (C) is not relevant. The question is whether a reasonably prudent person would feel that their freedom of movement is being denied given the totality of the circumstances. By blocking their car and coming within close proximity of the boys, the Park Ranger is trying to create just that impression, and it is likely that a reasonable person would feel impeded. Because a Park Ranger meets the government agent requirement, (D) is wrong.
Incorrect! Whether Chris feels impeded as in (A) or Jimmy doesn't feel impeded as in (C) is not relevant. The question is whether a reasonably prudent person would feel that their freedom of movement is being denied given the totality of the circumstances. By blocking their car and coming within close proximity of the boys, the Park Ranger is trying to create just that impression, and it is likely that a reasonable person would feel impeded. Because a Park Ranger meets the government agent requirement, (D) is wrong.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Lisa is pulled over by Officer Canaan for running a stop sign. Believing he smells booze, the Officer asks if she is drunk. "Why no, Offisher, I'm not drunk. My toleransh is sho high that the bottle of vodka I drank hardly had any effect at all!" She then passes out leaning on the car horn. A blood test taken while she was passed out reveals that she is well above the blood-alcohol limit. When she wakes up in the drunk tank, she is given her Miranda warning at which point she asserts her right to remain silent and requests her attorney. Can her statement to the arresting officer be used against her at trial?
Correct
Incorrect!
Correct Although you and I probably don't feel free to just drive away from an officer during a routine traffic stop, and although I wouldn't advise anyone to do so, it has been settled that a routine traffic stop falls short of the meaning of 'custody' for Miranda purposes. Since Lisa was not in custody at the time she made the statement, it can be used against her despite the absence of a Miranda warning and waiver.
Incorrect! Although you and I probably don't feel free to just drive away from an officer during a routine traffic stop, and although I wouldn't advise anyone to do so, it has been settled that a routine traffic stop falls short of the meaning of 'custody' for Miranda purposes. Since Lisa was not in custody at the time she made the statement, it can be used against her despite the absence of a Miranda warning and waiver.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Lisa is pulled over by Officer Canaan for running a stop sign. Believing he smells booze, the Officer asks if she is drunk. "Why no, Offisher, I'm not drunk. My toleransh is sho high that the bottle of vodka I drank hardly had any effect at all!" She then passes out leaning on the car horn. A blood test taken while she was passed out reveals that she is well above the blood-alcohol limit. When she wakes up in the drunk tank, she is given her Miranda warning at which point she asserts her right to remain silent and requests her attorney. Can the results of the blood-test be used against Lisa at her trial?
Correct
Incorrect!
Correct
Incorrect!
Correct Miranda and the Fifth Amendment privilege against self-incrimination apply only to testimonial evidence. Real evidence, such as the results of the blood test in this example, are not covered and can be used against a Defendant even in the absence of a Miranda warning and waiver.
Incorrect! Miranda and the Fifth Amendment privilege against self-incrimination apply only to testimonial evidence. Real evidence, such as the results of the blood test in this example, are not covered and can be used against a Defendant even in the absence of a Miranda warning and waiver.
Correct
Incorrect!
Question 4
Mr. Gillespie goes down to the police station after receiving a call from Officer Sinicrope requesting that Gillespie come by at 11 a.m. to discuss some missing musical instruments. Officer Sinicrope has an antique torture chair in the corner of his office (he collects them). When Mr. Gillespie enters the office Sinicrope has his back to the door and is busy on his computer. Mr. Gillespie suddenly feels faint, and the dizzy Gillespie plops down in the antique chair, at which point hidden handcuffs clamp his wrists to the arms of the chair preventing movement. Without turning around, Sinicrope asks "Whad'ya know 'bout the missing horns?" Without dropping a beat, Gillespie says "I admit it. I stole them!" Sinicrope then turns around and notices Gillespie is in the torture chair. He promptly releases Gillespie, apologizing for the mishap, and reads Gillespie his rights. Was Gillespie in custody for Miranda purposes such that he can exclude his confession at trial?
Correct Even if Sinicrope did not realize that Gillespie was handcuffed to the chair, because a reasonably prudent person would not believe themselves free to leave Gillespie was in custody. Therefore his statement cannot be used against him.
Incorrect! Even if Sinicrope did not realize that Gillespie was handcuffed to the chair, because a reasonably prudent person would not believe themselves free to leave Gillespie was in custody. Therefore his statement cannot be used against him.