Could you give me some explanations about these two questions? Thanks!
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.
1. 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.
2. Unsuccessful, as there was no violation of Due Process.
3. Successful as to both, because Miranda applies to both testimonial and physical evidence.
Kobe is arrested on federal conspiracy to distribute drug charges. He is brought to the local FBI field office for processing. Kobe is provided his Miranda warnings and requests to see his lawyer, Bryant, From the law firm Kobe Bryant. Kobe and Attorney Bryant meet for 15 min and then Bryant leaves. The Agent waits 30 min and says Kobe, “Hey, now that you had a chance to talk to your lawyer, let’s chat.” The Agent re-reads the Miranda warnings to Kobe and Kobe confesses. Will this confession be admissible?
1. Yes, because he was given his Miranda warnings a second time.
2. Yes, once he spoke to a lawyer, he has been given his right to counsel
3. No, once a subject has been arrested, requests a lawyer, and remains in custody, law enforcement may not re-initiate contact with him without his lawyer being present. The fact that he spoke to a lawyer is irrelevant.
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