Reference no: EM133770935

Problem: Confession & Miranda rights

Facts: Acting on a tip from a government informant, agents from the Federal Bureau of Investigation ("FBI") sought a warrant from a Federal magistrate to search the property (actually a 20 acre estate) of Walter and Wanda Brennon. The informant told the FBI that the Brennons were heavily armed with an arsenal of various weapons in their primary house on the estate. The informant also told the FBI that the Brennons were storing several hundred thousand dollars worth of illegal drugs in a detached pool house on their property.

The FBI assigned a four-agent team and a supervisor to execute the search warrant. As soon as the agents announced themselves and showed Walter the warrant, he ran. He went out the back door and across the back of the property in the general direction of the pool house with the agents chasing him. The agents caught up with Walter in the back yard of his home. Walter fell after running less than 50 yards when the agents surrounded him. They did not draw their weapons, but stood over him in an intimidating manner with their hands on their weapons. When the agents' team supervisor asked Walter for his name, Walter said "Yeah, I'm Walter Brennon. Don't tear up my place. The drugs are in a cabinet in the pool house over there." The agents did not at any time give Walter a Miranda warning. Wanda Bryson was not at home.

Instructions:

Prepare the legal analysis that addresses the following:

I. Analyze and discuss whether defense counsel can likely argue successfully that the drugs found in the pool house on Brennon's property should be suppressed and why or why.

II. Analyze whether the defendant, Brennon, will likely be convicted of any crimes and why.