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Question 1
Frank, an undercover cop, is at Drew's house watching a football game. Drew is an illegal arms dealer. Frank has spent months establishing his cover and Drew believes him to be just another street thug with connections to people with money. When the game is over Frank leaps from his chair and yells "I'm not lettin' you outta here until you tell me who supplies you with your guns!" Drew gets scared and tells Frank everything he knows. Frank then tell Drew that he's a cop and arrests Drew. Can Drew's extrajudicial confession be used against him in a court of law?
Correct
Incorrect!
Correct
Incorrect!
Correct Because Drew did not know that Frank was a police officer, the government conduct requirement for triggering Miranda has not been met. For Miranda purposes, the person being questioned must know that he is being questioned by a government agent in order to trigger his Fifth Amendment privileges.
Incorrect! Because Drew did not know that Frank was a police officer, the government conduct requirement for triggering Miranda has not been met. For Miranda purposes, the person being questioned must know that he is being questioned by a government agent in order to trigger his Fifth Amendment privileges.
Correct
Incorrect!
Question 2
David is arrested for real estate fraud and is properly Mirandized. After several minutes of questioning David says "I don't want to talk to you guys any more. I got the right to remain silent," and makes a gesture of closing a zipper on his mouth. He is brought to the general holding cell and left there for about one hour. David is then brought back to the interrogation room, given his Miranda warnings again, and asked about the recent theft of some rare guitars. He answers the first few questions, telling police where he hid the stolen instruments. Then, as if suddenly realizing that he had asserted his right to remain silent, he makes the zipper gesture once again and falls silent. Can his responses regarding the location of the guitars be used against him at trial?
Correct The right to remain silent is offense specific. Even if asserted regarding one offense, the right can be effectively waived if following a break and a fresh Miranda warning a suspect voluntarily answers questions regarding a separate offense. Note that (D) is incorrect because Miranda rights will never be applied retroactively to questions voluntarily answered before the right is asserted.
Incorrect! The right to remain silent is offense specific. Even if asserted regarding one offense, the right can be effectively waived if following a break and a fresh Miranda warning a suspect voluntarily answers questions regarding a separate offense. Note that (D) is incorrect because Miranda rights will never be applied retroactively to questions voluntarily answered before the right is asserted.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
David is arrested for real estate fraud and is properly Mirandized. After several minutes of questioning David says "I don't want to talk to you guys any more. I got the right to remain silent," and makes a gesture of closing a zipper on his mouth. He is brought to the general holding cell and left there for about one hour. David is then brought back to the interrogation room, given his Miranda warnings again, and asked about the recent theft of some rare guitars. He answers the first few questions, telling police where he hid the stolen instruments. Then, as if suddenly realizing that he had asserted his right to remain silent, he makes the zipper gesture once again and falls silent. When David asserts his right to remain silent regarding the guitar case, he opened his mouth again to say "And I'm not answering any more questions about those damn guitars until my lawyer gets here." Unfortunately, David's lawyer is taking his afternoon nap and cannot get there anytime soon. He is put back in the holding cell, and two hours later he is once again brought to the now-familiar interrogation room. He is truthfully informed that his lawyer won't be able to get there for another few hours and he is given his Miranda warnings yet again. His questioners then point out that if he cooperates he might be able to get himself out before his lawyer even gets there, and then ask him some questions about a hit-and-run case involving a car matching the description of his Toyota. He refuses to answer the first few questions but finally blurts out in response "Yeah, that was my car, but I drink a lot and I don't remember anything like that happening. I just woke up one morning and found the dents and blood." Can this statement be used against David in his trial?
Correct
Incorrect!
Correct
Incorrect!
Correct Unlike the right to remain silent, once a suspect asserts the right to have counsel present during questioning all questioning must cease. The right is not offense specific.
Incorrect! Unlike the right to remain silent, once a suspect asserts the right to have counsel present during questioning all questioning must cease. The right is not offense specific.
Correct
Incorrect!
Question 4
Stew retired to Florida a few years ago to enjoy the sunshine and mellow atmosphere. Unfortunately, relaxing comes hard to Stew, knowing that he retired from a life in organized crime in New Jersey and could still end up doing time for some of his crimes. When Stew's house is robbed he goes to the local police precinct to file a report. Coincidentally, the officer taking the report used to be a New Jersey cop, and remembers Stew from his days there. While taking down some standard information like name and address Officer Alto asks "Hey, you remember that year when all those trucks got hijacked? I wonder what happened to the trucks. They never was found." Stew replies "Yeah? I'm pretty sure dem trucks got dumped in da river. Yeah...pretty damn sure." Stew's response is best characterized as:
Correct
Incorrect!
Correct Because Stew's remarks do not acknowledge all the elements of a crime, it does not rise to the level of a confession. Taken together with other evidence, however, it tends to prove he is guilty. This makes it an admission. (C) and (D) are wrong because Stew is not in custody, which means his Fifth Amendment privileges do not apply and therefore cannot be waived.
Incorrect! Because Stew's remarks do not acknowledge all the elements of a crime, it does not rise to the level of a confession. Taken together with other evidence, however, it tends to prove he is guilty. This makes it an admission. (C) and (D) are wrong because Stew is not in custody, which means his Fifth Amendment privileges do not apply and therefore cannot be waived.
Correct
Incorrect!
Correct
Incorrect!
Question 5
Stew retired to Florida a few years ago to enjoy the sunshine and mellow atmosphere. Unfortunately, relaxing comes hard to Stew, knowing that he retired from a life in organized crime in New Jersey and could still end up doing time for some of his crimes. When Stew's house is robbed he goes to the local police precinct to file a report. Coincidentally, the officer taking the report used to be a New Jersey cop, and remembers Stew from his days there. While taking down some standard information like name and address Officer Alto asks "Hey, you remember that year when all those trucks got hijacked? I wonder what happened to the trucks. They never was found." Stew replies "Yeah? I'm pretty sure dem trucks got dumped in da river. Yeah...pretty damn sure." Stew's comments to Alto are enough for Alto to take him into custody for further questioning. He is brought to an interrogation room and asked more questions about the trucks. He is not given a Miranda warning. At one point during the interrogation, Stew responds to a question by saying that "Jimmy Kay was in on the whole bit. He drove dem trucks from da warehouse in Joisey and put 'em in da river." Which of the following is most accurate?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The Fifth Amendment privilege against self-incrimination does not prohibit the use of in-custody statements made in response to interrogation absent the reading and waiver of Miranda rights against other parties. The Fifth Amendment here would prevent Stew's statement from being used against him, but not against anyone else.
Incorrect! The Fifth Amendment privilege against self-incrimination does not prohibit the use of in-custody statements made in response to interrogation absent the reading and waiver of Miranda rights against other parties. The Fifth Amendment here would prevent Stew's statement from being used against him, but not against anyone else.
Question 6
Simple Simon is taken into custody and brought to the police station for questioning. Officer E. M. Pethy gives Simon the following warning in lieu of reading the usual Miranda statement prepared by the District Attorney's office: "You don't have to talk to us and you don't have to say anything you don't want to say, Simon. You can wait until your lawyer gets here and stay quiet until then. But if you do feel like saying something, remember it could hurt you in court, because we could use it against you." Simon says "I want to tell you everything. I touched them. I touched their heads, and I touched their hips." Can the statement be used against Simon in his trial?
Correct Miranda and the cases following that decision do not require any specific language be used to inform a suspect of his Fifth Amendment rights. Although police have often adopted formal readings and forms which they request the suspects sign in acknowledgement, these are merely prudent precautions intended to avoid difficulties. The language so often heard on TV and in the movies is not a requirement.
Incorrect! Miranda and the cases following that decision do not require any specific language be used to inform a suspect of his Fifth Amendment rights. Although police have often adopted formal readings and forms which they request the suspects sign in acknowledgement, these are merely prudent precautions intended to avoid difficulties. The language so often heard on TV and in the movies is not a requirement.