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With Miranda, It's A Matter Of Context

Facts:

Biff and Jake are professional burglars who have been robbing jewelry stores for four years without getting caught by the police. One night, Biff wants to try his luck at robbing a museum instead of jewelry stores. Jake is nervous about Biff's ambitious scheme, but decides to go along with it anyway. After breaking into the museum through a basement window, the two men begin greedily filling their bags with all of the rare artifacts they can carry. Jake's nerves finally get the better of him, though, when he knocks over a large vase that triggers the burglar alarm. The museum is soon surrounded by police, who quickly find Biff and Jake trying to escape out of the window with their loot. Both men are handcuffed and read their Miranda rights by the police, who warn:

You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney before speaking and to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you.

When they arrive at the police station five minutes later, Biff and Jake are taken to separate interrogation rooms. Each man is again informed of his rights to remain silent and to have an attorney present during police questioning. They are then each asked by detectives: "Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?" Biff refuses to answer any questions and requests that his attorney be brought to the police station to attend his interrogation. Meanwhile, Jake is determined to handle his predicament himself since it was his clumsiness that caused the burglary to fail. He tells police, "I don't want an attorney, but I'm not talking to you either since I have the right to remain silent."

You be the Judge: What actions are the police allowed to take, while still protecting Biff and Jake's constitutional rights?

A.The police cannot interrogate Biff until his attorney arrives and cannot interrogate Jake until he is brought to a preliminary court hearing. The court should rule this way.

B. The police must give Biff's attorney a reasonable amount of time to arrive at the police station, but can begin to interrogate him without his attorney after that time has passed. Jake can immediately be interrogated. The court should rule this way.

C. The police cannot interrogate Biff until his attorney arrives and cannot begin to interrogate Jake until after a significant amount of time has passed and they have given him a fresh set of Miranda warnings. The court should rule this way.

D. The police cannot interrogate Biff until his attorney arrives, but can begin to interrogate Jake after a reasonable amount of time has passed. The court should rule this way.

You Be The Judge!

 


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