Reference no: EM132313396

These three questions are from class exercises, just for practicing. When I review this questions, I forget the correct answers.

You arrest Ralph for credit card fraud. During the interview, Ralph makes several incriminating statements, and even tells you where he hid his credit card machine. Based upon his information, you find the credit card machine. It turns out you forgot to read Ralph his Miranda warnings before he made any of these admissions, including the location of the credit card machine. Ralph's lawyer files a motion to suppress the statements and the credit card machine.

A. The motion will be successful as to the statements because of the failure to provide Miranda, but unsuccessful as to the credit card machine because a Miranda violation does not apply to physical evidence.

B. Unsuccessful, as there was no violation of Due Process.

C. Successful as to both, because Miranda applies to both testimonial and physical evidence.

You arrest Harry at his house for Interstate Transportation of Stolen Property. His wife arrives and tells Harry, I told you so." Harry responds, "I only stole to buy you nice things." Harry's lawyer files a motion to suppress this statement. The motion will be:

A. Successful, because law enforcement should have known Harry's wife might be there.

B. Successful, because providing Miranda rights after arrest is mandatory no matter what.

C. Unsuccessful, because this is not custodial interrogation conducted by law enforcement authorities.

Mr. Newman is issued a summons to appear for an initial appearance for mail fraud. He is released by the magistrate on bond and goes out and hires a lawyer. He is then indicted for mail fraud. Three weeks later an informant advises law enforcement that Mr. Newman robbed a bank in order to pay his legal fees for the mail fraud case. Law enforcement wants to go to Mr. Newman's house to interview him about the bank robbery. Is this permissible?

A. No. Since Newman has been indicted, he has a 6th Amendment right to counsel and you can never try to interview him without his lawyer's presence.

B. Yes. Since you will try to interview him for criminal activity unrelated to the crime for which he has hired a lawyer, it is permissible.

C. No. Once a subject hires a lawyer, you cannot try to interview him for any reason unless the subject himself initiates the contact with law enforcement.