Reference no: EM133474244

Question

An NYC cab driver, driving a late-night shift, picks up a motley-dressed individual on Bleecker Street in lower Manhattan. During the cab ride, the passenger, who was wearing a baggy trench coat, pulls out a Remington sawed off .30-06 shotgun and puts the double barrel snout of the gun on the driver's right ear. The passenger takes all the receipts from the driver and is let out on 10th Avenue in front of Strokos near John Jay College of Criminal Justice.

The frightened cab driver immediately stops a patrol car and the officers walk into Strokos. The cab driver points out a man, Robert Sinnes, who is eating a veggie slice, breathing heavily and is found to be in possession of the driver's money. Mr. Sinnes is not in possession of a shotgun.

The two officers arrest Mr. Sinnes, and advise him of his Miranda rights. Sinnes states that he understands his rights and wants to speak with a lawyer. Mr. Sinnes is placed in the officers' patrol car to be driven to the local precinct, 10 minutes away. While driving an extended, out-of-the-way route to the precinct, the two police officers start discussing the missing shotgun with each other. One of the officers states that there are students hanging around Strokos and "God forbid one of those students finds a weapon with shells where they could hurt themselves or blow away other students or pedestrians."

Sinnes interrupts the conversation, stating that the officers should turn around and go back to Strokos so he can show them where he has hidden the shotgun. Sinnes does this also to shut up the two officers who have been driving up and down the West Side Highway for almost two hours discussing the same thing ("how unfortunate it would be to hear of students accidently killing themselves.")

Upon returning to Strokos, the officers again advise Sinnes of his Miranda rights. Mr. Sinnes replies that he understands his rights, but the thought of the possibility of students harming themselves or others makes him want to show the officers where he has hidden the shotgun. The officers recover the shotgun which Sinnes had placed on the second deck inside the pizza oven. The shotgun is used as evidence at the trial, which results in a conviction.

Analyze and discuss possible constitutional violations. Discuss the type of conversation or interrogation conducted by the police officers while driving the car. Please explain any violations and refer to the parts of the Constitution involved and the relevant facts from the essay.