Reference no: EM133486730

Discussion Post: Fact Pattern on the 5th and 6th Amendments

A 21-year-old college senior named Daniel has been arrested by the police for possession of a small amount of marijuana while driving home from a college fraternity party. Assume that the police officer had probable cause to stop Daniel for drunk driving. During the search of Daniel's car incident to his arrest, the police found a stolen handgun registered to Robert Miller, a bag from Walmart containing small zip lock bags and a scale. He also had $2,500.00 in cash in the car.

When the police confronted him with these items, Daniel said, "I need that scale to weigh my food as I start a diet plan on tomorrow. And, I have no idea where that gun came from. Maybe my friend left it in my car when he used it." The police officer then asked him, "why do you need so many small zip lock bags?". Daniel stated, "I run a profitable business and place my products in those bags to sale at school. I sell 'things', if you know what I mean, to help pay my tuition, and I have made $2,500.00 already! I am actually in school to become a pharmacist due to the fact that I love dealing drugs and want to be able to do so legally."

Based on his statements about the items found, the police charged Daniel with intent to sell and distribute drugs (marijuana). At trial, his attorney made a motion to suppress the admission of the statements, arguing in relevant part that he made the statement without being given his Miranda rights. In response, the prosecutor argued that Daniel made statements voluntarily and not under duress.

Task

The class is broken into 4 different roles.

You will answer as the defense attorney.

Question: How do you think that the judge will rule on this motion to suppress? Does it matter that he was already under arrest at the time of his statements?