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QUESTION
Paul was present at a shooting in his neighborhood and when the police arrived, he was holding a gun.
The police asked to talk with him, and so he sat with them on the porch of the house where the shooting occurred and began to answer some preliminary questions. The police told him that he was free to leave at any time. About 30 minutes into the questioning Paul began to get nervous and asked the police if they thought he should talk to an attorney.
They responded that it was up to him. About 15 minutes later Paul got up and left and went home.
Paul was subsequently arrested for the shooting and when the prosecutor attempted to introduce Paul's conversation on the porch with the police, Paul's attorney claimed that it should be excluded because Paul was not given Miranda warnings before the police began questioning him. Is Paul's attorney correct?
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