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During a response to a reported armed robbery at a mall, Officer Lee captures a suspect matching the description given by witnesses. Before reading him
During a response to a reported armed robbery at a mall, Officer Lee captures a suspect matching the description given by witnesses. Before reading him his Miranda rights, Officer Lee notices the suspect is wearing an empty holster. Concerned that a missing firearm could result in harm to the mall patrons, Officer Lee asks the suspect "where is the gun?" The suspect quickly points to a planter, where Lee finds a loaded handgun. Considering the em>New York v. Quarles (1984) decision, which statement is most accurate regarding the admissibility of the suspect's response and the found weapon in court? Group of answer choices The suspect's response and the evidence of the gun are inadmissible because Officer Lee did not provide Miranda warnings before asking the question The suspect's response is admissible under the public safety exception, but the gun is not admissible as evidence because it was found without a warrant Both the suspect's response and the gun are admissible as evidence under the public safety exception to the Miranda rule Neither the suspec's response nor the gun is admissible because the suspect was not given an opportunity to refuse to answer or to consult with an attorney
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