What factors will the court cite to support to declare

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Reference no: EM133453975

Case Study: Read the below fact pattern and answer the below question(s). Be sure to support your answers with why you arrived at your conclusion. Keep an open mind and try to see all sides of a legal argument.

During a murder investigation, police executed a search warrant at the defendant's residence. Defendant arrived during the search and was detained without handcuffs in the rear of a police car for twenty minutes. A detective arrived at the scene and asked the defendant if she would come to the police station and talk to him. She agreed to do so and was transported by police to the station 30 minutes away.

At the police station, the defendant was told, prior to the start of the interview, "You understand that you are not in any trouble, you are not under arrest, and you are free to leave the interview room at any time you wish to?" During 3 hours and 45 minutes of an interview, two breaks were taken while the defendant left the interview and went unescorted to the public bathroom in the stations lobby.

Defendant made incriminating statements and was arrested when she stated that she wanted to go home.

Given the information provided, were the

statements given legally obtained?

Questions:

a. What factors will the court cite to support to declare this a legal confession?

b. Do you believe that this should be declared a coerced confession and under what theory would the court exclude the evidence?

Reference no: EM133453975

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