Q&A Hero

Question

Case 12.1
Police respond to an armed robbery call at a local deli. The store owner shows the video of the suspect with a gun, provides the direction the suspect fled and tells police that $375.00 in cash was taken. The police spot the suspect fleeing on foot two blocks away and give chase. The suspect runs through a city park and is stopped near a playground. Officer Smith conducts a frisk of the suspect for the handgun but finds no gun. Officer Smith immediately asks the suspect "where's the gun?" The suspect hesitates and Officer Smith says "Look, there a lot of little kids here; we don't want one of them to find the gun and have a tragedy." The suspect points to a garbage can near the playground and states "it's in the can." Another officer retrieves the gun. The suspect is then taken into custody, searched and brought to the police station where he is placed, handcuffed, in an interrogation room. He is provided a written copy of his Miranda warning and the warning is read to him. The search of the suspect produces $ 450.00 in cash and a cell phone.

The suspect is questioned regarding the gun and the robbery. The detectives present the now-unloaded gun in an evidence bag, which the suspect identifies as the one he threw in the can. The suspect admits the gun is his, claiming he found it a week prior in an alley by his apartment. He remains silent in response to questions regarding the robbery and states "I am not talking about anything else that happened today." The suspect is then directed to stand in a lineup with five other persons. The store owner positively identifies the suspect. The suspect is charged with the armed robbery, unlawful possession of a weapon and possession of a weapon for unlawful purposes.

In the above scenario, did Officer Smith's pre-Miranda questioning of the suspect regarding the location of the location of the gun violate the Fifth Amendment?
a. Yes, in New York v. Quarles (1984), the U.S. Supreme Court established the public safety exception to the Fifth Amendment for cases wherethe safety of the officer or public would be potentially threatened.
b. No, in New York v. Quarles (1984), the U.S. Supreme Court overturned thepublic safety exception to the Fifth Amendment.
c. Yes, the U.S. Supreme Court overturned the public safety exception to theFifth Amendment for cases where the safety of the officer or public would bepotentially threatened in Mapp v. Ohio.
d. No, as the U.S. Supreme Court established the public safety exception to theFifth Amendment for cases where the safety of the officer or public would bepotentially threatened in New York v. Quarles.

Answer

This answer is hidden. It contains 34 characters.

Related questions

Q: What are the principal methods used at trial to test the testimony of witnesses?How does allowing hearsay interfere with those methods?
Q: If a person is engaging in conduct that is not meant to _____, this would generally not be treated as hearsay.
Q: The hearsay rule forbids only statements offered to prove the _____of the matter asserted.
Q: In the Federal Rules of Evidence, one form of statement that is specifically excluded from the definition of hearsay is a(n) _____________ by a party-opponent.
Q: The rule against hearsay and the _____ Amendment Confrontation Clause address similar problems.
Q: The Star Chamber trials are among the most infamous in English history. a. True b. False
Q: Under the Federal Rules of Evidence, certain types of prior statements by witnesses are excluded from the definition of hearsay. a. True b. False
Q: The 1603 trial of William Penn sparked interest in reforming the law of hearsay. a. True b. False
Q: Exceptions to the law of hearsay evidence tend to be simple and straight forward. a. True b. False
Q: What are the requirements of the physician"patient privilege? What are some of the exceptions created in some jurisdictions?
Q: What is the police"informant privilege? What is its rationale, and what are some exceptions to this privilege?
Q: The privilege against self-incrimination applies only to testimonial or _____________ evidence.
Q: The president of the U.S. has no privilege with regard to confidential communications with top advisors. a. True b. False
Q: Every jurisdiction recognizes a parent"child privilege. a. True b. False
Q: The attorney"client privilege was not recognized at common law. a. True b. False
Q: Courts have long held that judicial notice may be taken of _____theories that have been so established that they have "attained the status of "¦ law", a. scientific b. conceptual c. proven d. absolute
Q: About _____ of the states have statutes defining the clergy-penitent privilege, with a few other states recognizing the privilege by court decisions. a. one-quarter b. one-third c. half d. two-thirds
Q: An informant's privilege is not a(n) _____ privilege and must give way when there is a compelling need to protect the rights of the accused. a. administrative b. judicial c. prosecutorial d. absolute
Q: The marital privilege _____. a. was not recognized at common law b. is not recognized in federal courts c. is recognized in about half the states d. is recognized in all jurisdictions
Q: The oldest application of judicial notice is for _____. a. matters generally known within the community or state b. principles that are generally accepted by reputable scientists c. the identity of defendants d. published official records
Q: Judicial notice is permitted _____. a. in all jurisdictions except the federal courts b. in the federal courts but not state courts c. in a majority of jurisdictions d. in all jurisdictions
Q: Unlike Daubert v. Merrill Dow Pharmaceuticals Co., the expert testimony in Kumho Tire Co. v. Carmichael was provided by a(n) _____. a. psychologist b. biologist c. engineer d. forensic scientist
Q: For many years prior to 1993, federal courts utilized the _____ test for the admissibility of scientific evidence. a. Ginsburg b. Alito c. Connor d. Frye
Q: Since adoption of Daubert in some states, the validity and reliability of the _____ test is no longer subject to judicial notice for purposes of proving guilt. a. RFD b. RSVP c. HMS d. HGN
Q: In the Daubert decision, the Supreme Court held that the admissibility of scientific evidence was governed by Rule _____ of the Federal Rules of Evidence. a. 402 b. 502 c. 602 d. 702
Q: Prior to the Supreme Court's Daubert decision, federal courts used a _____ test. a. general acceptance b. conditional relevance c. contingent admissibility d. consistency and reliability
Q: If the scientific theory and/or technique is accepted by higher courts, trial courts may take _____ of the validity of these theories and techniques. a. hearsay exceptions b. judicial notice c. positive objections d. conditional acceptance
Q: Circumstantial evidence is evidence that proves a fact in issue _____. a. indirectly or by inference b. directly by eyewitness testimony c. only by the use of presumptions d. by contradicting other evidence
Q: Proof is demonstrated by _____. a. evidence b. deductions c. inductions d. jury instructions
Q: The prosecution can overcome the presumption of innocence only by proving guilty beyond a reasonable doubt. a. True b. False

Subjects

Accounting Anthropology Archaeology Art History Banking Biology & Life Science Business Business Communication Business Development Business Ethics Business Law Chemistry Communication Computer Science Counseling Criminal Law Curriculum & Instruction Design Earth Science Economic Education Engineering Finance History & Theory Humanities Human Resource International Business Investments & Securities Journalism Law Management Marketing Medicine Medicine & Health Science Nursing Philosophy Physic Psychology Real Estate Science Social Science Sociology Special Education Speech Visual Arts