Reference no: EM133427282

Question: The Fifth Amendment Issues (1) In Brown v. Mississippi, the Court ruled that the confession obtained by physical torture could not be used as evidence against the defendant. Discuss the legal ground on which the Court made its ruling. (2) According to Miranda v. Arizona, the police must first issue the Miranda warning before in-custody interrogation. Discuss the reason for creating the Miranda procedural protection. Also discuss the circumstances under which the police are required to issue the Miranda warning. (3) Adam was stopped by the police for speeding. After issuing a citation, the police officer asked Adam whether there were drugs in the car. Adam admitted that there were drugs in the car. The police searched the car and found drugs. At trial, Adam claims that the police violated his Miranda right for the officer did not issue the Miranda warning before interrogation. He requests the court to suppress the drugs found by the officer. Did the police violate Adam's Miranda rights? (4) Officer Smith spotted Bill on the street. The officer knew Bill because of his previous involvement in shoplifting. The officer approached him and asked whether he stole something again. Bill got scared and said that he had just taken an expensive handbag from a department store. At Bill's trial, he claims that the police violated his Miranda rights for the officer did not issue the Miranda warning before interrogation. Did police violate Bill's Miranda rights? (5) In Missouri v. Seibert, the police did not issue the Miranda warning in the first interrogation. After the defendant made an incriminating statement, the police issued the Miranda warning and asked the defendant to repeat her confession. Discuss the ruling of the Court in the case. (6) In Rhode Island v. Innis, while transporting the defendant to the police station two police officers had a conversation about the gun dropped by the defendant near a school for handicapped children. The defendant then led the police to the location where he dropped the gun. At trial, the defendant argued that the police violated his Miranda rights. Discuss the issue involved in the case. (7) Nancy was arrested for shoplifting. The police issued the Miranda warning. Nancy indicated that she did not want to talk to the police. Two hours later, the police came back to her and asked her whether she changed her mind and wanted to talk about her crime. Nancy confessed to her crime. At trial, Nancy argues that her confession cannot be used as evidence because the police violated her Miranda rights. Did the police violate Nancy's Miranda rights? (8) Sam was arrested for murder. The police issued him the Miranda warning. Sam did not indicate whether he wanted to exercise his rights but remained silent throughout the police interrogation. More than two hours into the interrogation, Sam confessed to his crime. At trial, Sam's lawyer argues that the police violated Sam's Miranda rights, for they should have realized that the defendant did not want to talk to them based on his silence for more than two hours. Did the police violate Sam's Miranda rights?