How do you think that the judge will rule on this motion to suppress? Does it matter that he was already under arrest at the time of his statements?

Assignment Question A 21-year-old college senior named Daniel has been arrested by the police for possession of a small amount of marijuana while driving home from a college fraternity party. Assume that the police officer had probable cause to stop Daniel for drunk driving. During the search of Daniel’s car incident to his arrest, the … Read more

Why should the police be required to advise suspects of their Fifth Amendment rights when police are not required to advise people who consent to searches that they need not give consent? What is the difference? When does Miranda apply? Give examples.

Assignment Question Fifth Amendment Question: Why should the police be required to advise suspects of their Fifth Amendment rights when police are not required to advise people who consent to searches that they need not give consent? What is the difference? When does Miranda apply? Give examples. Support your position.

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