Confessions and Admissions after a Request for a Lawyer
A suspect is apprehended in a department store by the security guard. The suspect is placed in handcuffs and taken to the manager’s office. The police are called and advised of the situation. Officer Martinez arrives at the department store approximately 15 minutes later. Officer Martinez takes a statement from the security guard and views the in-store camera film of the shoplifting incident.
Officer Martinez places the suspect under arrest, reads the suspect the Miranda warnings, and asks the suspect if he would like to make a statement. The suspect replies, “No, I would like a lawyer”. The suspect is then transported to the local jail and booked. Six hours later, the suspect is interviewed by a detective who again reads him the Miranda warning. The detective then asks the suspect if he would like to talk. The suspect says, “Yes.” He eventually confesses to the crime.
Write a 1- to 2-page paper in which you:
Identify and discuss the constitutional amendments that would relate to this situation.
Discuss how the Edwards rule is related to this situation.
In your opinion, determine if the suspect’s confession to the detective is admissible. Support your opinion with specific case law or contemporary cases.
Use at least three quality references. Note: Wikipedia and other similar websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
Research and analyze procedures governing the process of arrest through trial.
Critically debate the constitutional safeguards of key amendments with specific attention to the 4th, 5th, 6th, and 14th Amendments.
Explain key law enforcement regulatory procedures and rules and requirements of law enforcement in the evidence collection phase.
Explain and debate fundamental Supreme Court cases associated with criminal procedure.
Use technology and information resources to research issues in the criminal procedure.
Write clearly and concisely about the criminal procedure using proper writing mechanics.
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