Question
Manuel was called as a grand jury witness with the hope that he would provide information concerning significant drug dealers. Manuel denied any involvement with
Manuel was called as a grand jury witness with the hope that he would provide information concerning significant drug dealers. Manuel denied any involvement with illegal drugs. The prosecution knew this was a falsehood because he had recently purchased narcotics from an undercover police officer. Manuel was then prosecuted for perjury because of his false testimony before the grand jury. At the time of his grand jury testimony, Manuel was not given his full Miranda warnings. He was informed about the privilege against self-incrimination and told he could have a lawyer present in an adjacent room but nothing more. In the perjury trial, Manuel's attorney argues that the perjury charges should be dropped because Manuel was not properly Mirandized.
Is he right?
a Yes, because nothing was said concerning the appointment of counsel if Manuel could not afford representation
b No, because Miranda was designed to address custodial interrogations and not criminal investigations by a grand jury
c No, because Manuel waived his Miranda rights when he answered the question
d Yes, because nothing was said about Manuel's right to silence
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