Reference no: EM131574035

1. Local police strongly suspects Shansky of murdering his estranged wife. Months of investigation, however, failed top develop a strong enough case for the Prosecutor to file charges. The prosecutor suggested to Detective Hardy that Shansky be invited in to just talk things over. Hardy called Shansky and said, "we know how upset you must be about your wife's death and how slow we are going. Would you come down and talk to us and maybe we can get another angle? Shansky agreed. When he arrived at the station house, he was introduced to Sharon Caring, described as a social worker involved in victim counseling. Shansky agreed to talk with Caring until the Detective was free. During his talk with Caring, Shansky broke down into tears. Caring presses him for more details and after Caring agrees to confidentiality, Shansky described how he snapped when he realized his marriage was over, and that he thinks he strangled his late wife during an alcoholic blackout. Caring was in fact a police officer who was assigned to get what she could from Shansky. She tells Hardy everything that Shansky said. Hardy enters the room and begins speaking with Shansky. He presents a detailed theory of the homicide to Shanksy. Shansky blurts out, " you know I did it, let's get it over with. Hardy then reads Miranda to Shansky, who signs a Miranda waiver and gives a full written confession. Shansky is charged with his ex-wife's murder. Are Shansky's statements to Caring and Hardy admissible in the homicide trial? Why or why not?

2. Suspect has been charged with Controlled Substance Distribution and is in jail awaiting trial on that charge. He is represented by Bart, a prominent local attorney on this controlled substance charge. Bart admonishes the police not to question his client regarding any aspect of the drug offense and police assure Bart that no questioning will take place. One of the informants on this controlled substance investigation has been missing for a week and police believe suspect had something to do with the disappearance. Police place an undercover officer in Suspect's cell block and instruct him to see if he can draw information from suspect on informant's disappearance. Suspect confides to the undercover officer that he is sure that the informant ""won't be seen or heard from again if you know what I mean" However, suspect says nothing else regarding details of victim's fate, but offers that he is concerned about his wife turning on him.

Police next approach suspect's wife who is in the process of divorcing suspect. Some of suspects belongings are still at her house. Police ask if she will consent to a search of her home and to forensic testing of any evidence and she gladly agrees. During the course of this consent search, police locate some helpful evidence, including a sawed off shotgun and a slip indicating suspect has rented a storage shed. Police approach the storage shed owner and request his consent to search suspect's shed. The owner agrees to consent, observing that suspect is in default under his agreement and that he was about ready to deem suspect's shed as abandoned. During the course of searching suspect's shed, police observe a car and numerous boxes of clothing. The car contains signs of a violent act including blood and bone fragments. Possessed with this information, police approach suspect and ask if he would like to discuss informant's disappearance. Suspect agrees and police read him Miranda. Suspect waives his rights and agrees to talk. Police present a detailed theory of informant's murder to suspect, including references to a sawed off shotgun and the storage shed, and falsely tell suspect that all of the scientific evidence points to him as the killer. ( In fact no testing has yet been done) Suspect breaks down and confesses to the murder of informant. Discuss all issues that you see regarding this case , including the admissibility of (1 Suspect's statements to the officer in the cell block, (2)the evidence obtained from the search of wife's dwelling, (3)the evidence obtained from the search of the shed, and (4)the evidence obtained from suspect during his confession to the murder.