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Derek is arrested on suspicion of distributing methamphetamine. At the police station, an officer carefully reads Derek all of his Miranda rights. When asked if
Derek is arrested on suspicion of distributing methamphetamine. At the police station, an officer carefully reads Derek all of his Miranda rights. When asked if he understands his rights as they've been read to him, Derek nods his understanding. The officer then asks if Derek understands his rights and if he is willing to talk to them without an attorney present. Derek says explicitly that he wants to talk to the police. Derek stated "[y]es, I understand my rights, and I am willing to talk without a lawyer." He then signed a waiver form that was also recorded on video. Further, Derek's demeanor and behavior are consistent with someone who is telling the truth about his understanding and desire to talk. Did Derek effectively waive his Miranda rights in this scenario? Group of answer choices No, because he should have been provided a lawyer regardless of his willingness to talk; only a lawyer can reliably explain the pros and cons of waiving one's Miranda rights Yes, but only because he signed a waiver and it was video recorded No, because this is the two-step process that was invalidated in Missouri v. Seibert Yes, because he stated that he clearly understood, voluntarily agreed, and explicitly waived his rights in writing and on video
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