Question
Facts: Police officers suspected that our client, Molly Rock, was selling methamphetamine from her home, and obtained a search warrant. Seven officers surrounded her house
Facts:
Police officers suspected that our client, Molly Rock, was selling methamphetamine from her home, and obtained a search warrant. Seven officers surrounded her house and announced their intention to search the house, and directed anyone in the house to exit. Rock came outside and a policeman asked her to sit in the back of his patrol car.
While Rock was in the car, the policeman said"Hey, we have a search warrant. We're going to find the drugs. Just tell me where they are." Rock responded that the narcotics were "in her bedroom in a dresser drawer." At the time the officer spoke with Rock, the actual search of the house by narcotics officers had not started, and no illegal drugs had been found.
Rock was arrested and charged with possession of methamphetamine with intent to distribute. She wants us to file a motion to suppress her statement and the drugs that were found because she was not given herMirandawarnings or the warning required under the applicable Texas statute.
Specifics:
Please research Texas law and let me know if you think our client should have been given herMirandawarnings because was subjected to custodial interrogation? Are we likely to succeed if we file a motion to suppress?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started