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Identify and discuss a minimum of five interrogation issues in this scenario. Why are these issues? Be sure to use legal reasoning in your response

  1. Identify and discuss a minimum of five interrogation issues in this scenario. Why are these issues? Be sure to use legal reasoning in your response and bring in resources and applicable case law to support your thoughts.
  2. Was the questioning of Dalton legal? Why or why not? Be sure to use legal reasoning in your response and bring in resources and applicable case law to support your thoughts.

Dalton has a volatile relationship with his current girlfriend Sabrina. They have had two other instances of domestic violence, which Sabrina has not reported to the police. On this particular evening, Dalton is at Sabrina's house. While there, Daltonloses his temper with Sabrina because of Sabrina's kitten. Dalton ends up choking Sabrina with his hands and punching her in the stomach but is careful not to leave any bruising. Within a few minutes Dalton gets control of himself and apologizes to Sabrina. Sabrina is fearful but does not call the police.

About an hour later, Dalton decides goes to the local Starbucks to get a coffee. He profusely apologizes to Sabrina for his behavior and asks if she wants anything. Sabrina replies, "no thank you". Dalton leaves and immediately thereafter, Sabrina calls 9-1-1 to report the incident and says, "I'm tired of being a punching bag, this is the third time my boyfriend has hit me. I want him arrested". Two officers are dispatched to Sabrina's home.

Unseen by Sabrina, Officer Baker arrives and parks on the south side of the driveway near the side door of the house. As Baker is getting out of the police car, Dalton pulls up. Officer Baker has all the details of the complaint relayed to dispatch. Dalton innocently asks the officer if there's a problem. Officer Baker deflects the question but says a neighbor called on a possible disturbance. Dalton admits to a disagreement with his girlfriend and invites the officer inside (through the garage door) so they can talk to Sabrina. As they walk in the house, the second officer arrives and parks. Sabrina walks out the front door to speak with that officer. Dalton suggests they all talk to the other officer. Officer Baker advises Dalton to stay on the porch while he talks to the other officer.

Shortly thereafter, Officer Baker arrests Dalton for assault/domestic violence, handcuffs him and places him in the police car. On his way to the police department, Officer Baker asks Dalton for his full name, date of birth, residential address, and if he has ever been arrested. Dalton provides all the information.

Once at HQ, Dalton is placed in a holding cell. After about 30 minutes, Officer Baker advises Dalton of his Miranda rights and wants to question him about the incident. Dalton tells Officer Baker that he wants an attorney. Officer Baker ends his questioning immediately.

About four hours later two detectives are assigned the case. They go to the jail and want to talk to Dalton about the incident. Before they ask him any questions, they advise Dalton of his Miranda rights (on a written form). Dalton agrees to talk to the detectives and eventually confesses to the assault after about 30 minutes.

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