Question
1. Assume that a residence is searched without a warrant and heroine is found in the bathroom medicine cabinet. The occupant of the residence is
1. Assume that a residence is searched without a warrant and heroine is found in the bathroom medicine cabinet. The occupant of the residence is then arrested and searched.A packet of cocaine is found in his pocket. Is the cocaine admissible? Why or why not?
2 What is the majority view concerning the entrapment defense?
3. What is the minority view concerning the entrapment defense?
4. What is the test to determine if the interrogation of a suspect violates the due process clause?
5. Assume that a person is arrested and during the interrogation the suspect is questioned for two hours. During this period the officer has assured the suspect that "I know you are not a criminal. You need help and I want to do everything possible to get you help. I know you have had a terribly difficult life and I am on your side. But if I am going to help you, you have got to help me first." The suspect then confesses to a murder. Is this interrogation valid under the due process clause?
6. When do the protections of Miranda apply?
7. Assume that a prisoner who is serving a 10 year sentence is asked to come to a conference room in the prison facility to discuss criminal activity outside of the prison. He is informed that he can return to his sell any time he chooses to do so. Is he in custody for Miranda purposes?
8. In which of the following examples would a court most likely find that Miranda protections should apply?
a. During 20 minutes of questioning a suspect in his home?
b. During a traffic stop where the officer asks the driver if he has been drinking?
c. During questioning of a handcuffed suspect
d. During questioning of a suspect at the police station
e. During questioning of a suspect who voluntarily showed up at the police station?
9. Is a subjects age relevant to the Miranda custody analysis?
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