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#T3BE 207 - Full Question Text for Patrons (Patreon)

Published:
2020-12-25 04:00:01
Imported:
2022-10

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Anonymous

B. Everything said during the first interrogation should be suppressed because it was custodial, and the weapon was a direct fruit of that "poisonous tree." The fact that it was a different officer doing the questioning the second time is a factor leaning towards it being a new interrogation, and thus the confession was properly obtained after Miranda, especially because two days had passed (and it might be a red herring to think of Scalia's 14-day Miranda rule, but I think that only applies once a suspect has already invoked his Miranda rights). Due Process voluntariness claims were apparently waived by the defendant per the facts. I hope I got this one, because (not to brag lol) but I did CALI my Crim Pro exam last semester

Anonymous
>>50168195

oh and likely no good faith/inevitable discovery/independent source exception would apply to the exclusionary rule for the weapon because it seems like the police knew about the Miranda violation and still chose to look for the weapon prior to Mirandizing and re-questioning the man

Anonymous

Was the guy in custody for two days? How can the guy be held for two days without being Mirandized?