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HYPOTHETICAL: Johnny Walker is stopped for speeding. While the officer is issuing him the citation, he smells the odor of alcohol. The officer conducts an investigation for driving under the influence and arrests Johnny. He places him in handcuffs, places him in the back of the patrol car, and tells him he is going to jail for the night. While searching the vehicle incident to his arrest, (looking for open containers of alcohol) the officer observes a device used to smoke marijuana on the passenger seat. The officer wishes to question Johnny about the smoking device.

QUESTION 1. As of the time that the officer wishes to question Johnny is he in "custody"?

QUESTION 2. Why or why not? Cite to specific facts.

Reference no: EM133267543

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