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Deft was engaged in a fist fight when Oscar, a uniformed police officer, attempting to break up the fight. Deft struck Oscar in an effort
Deft was engaged in a fist fight when Oscar, a uniformed police officer, attempting to break up the fight. Deft struck Oscar in an effort to get away. After he struck Oscar he fled. The next day, as a result of Oscar's precise description of Deft, Myers, another police officer, found Deft on the street, arrested him for assault and battery and searched him, finding marijuana in his pocket. Deft was given his Miranda warning to remain silent. After giving him Miranda Deft responded that he wanted to talk to a lawyer before answering any questions. Myers did not question him thereafter. However, Myers placed Deft in a lineup without an attorney. Oscar identified Deft as his assailant. Deft was then charged with assault and battery of a police officer and possession of an illegal drug. Thereafter, he was arraigned. The next day Myers gave Deft, who was without counsel, proper Miranda warnings, obtained a waiver, and interrogated him. He then admitted that he did strike Oscar. Assuming all appropriate objections are made, how should the court rule on the following motions made by Deft at trial? 1. To suppress the Marijuana? Discuss. 2. To suppress Oscar's identification during the lineup? Discuss.3. To suppress Deft's admission that he struck Oscar? Discuss
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