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.
Mechanics:
1.Find, cite and discuss at least seven cases; one each should be from the Dallas and Houston Court of Appeals in cases holding there was no custodial interrogation. One should be any Texas case holding there was custodial interrogation, and at least one case should be from the Texas Court of Criminal Appeals.
2.Find, cite, and discuss the applicable Texas statute.
3.Find and cite at least one secondary source.
4.Use at least one block quote (in accordance with the rule for using such quotes).
5.Use at least 5 signals.
6.Make sure you discuss what constitutes custody and what constitutes interrogation.
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