Question
On October 28, 2016, a complaint was filed alleging that Hazel burglarized a Walgreens Store in Lincoln, Nebraska (the State Case) and Hazel got an
On October 28, 2016, a complaint was filed alleging that Hazel burglarized a Walgreens Store in Lincoln, Nebraska (the "State Case") and Hazel got an attorney. On January 19, 2017, Hazel, was indicted in federal court for stealing from ATM machines (the "Federal Case"). On the morning of February 1, 2017, Hazel was processed out of the county jail and transported to the federal building for her arraignment in the Federal Case. At the federal building, Hazel was greeted by FBI Special Agent Saad for an interview. Saad gave Hazel Miranda warnings; she signed a waiver form and made incriminating statements.
Hazel tried to suppress her statements claiming that Agent Saad could not question her without an attorney on the Federal Case because she had an attorney for the State Case. You are the judge. Will you suppress Hazel's statements?
(Using IRAC; discuss the role of Miranda Right to Counsel)
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