Question
Police are dispatched to a residential burglary. The neighbors who reported the crime also described a subject wearing a red shirt leaving the burglarized house.
Police are dispatched to a residential burglary. The neighbors who reported the crime also described a subject wearing a red shirt leaving the burglarized house. The police respond and locate an individual in the area in a red shirt matching the description the neighbors gave to police and detain the subject. The police ask him what he is doing in the neighborhood at this time of night, and the subject responds, "I was just visiting a friend at that residence," and points to the house that has been burglarized. The officers stop questioning him. The subject is brought to the police department. In the car ride over, the subject blurts out, "Ok, I went into the house without permission." At the station, the subject is read his Miranda rights and requests an attorney and refuses to give further information. The case proceeds to jury trial, and during the trial, the prosecutor asks the police officer about the statements made at the scene, in the vehicle, and if he made any statements to the police officer at the station. The officer discusses the statements made on scene and in the vehicle. When asked about the questioning at the station by the prosecutor, the officer responds, "After I read him his Miranda warnings, he refused to make a statement and requested an attorney."
Answer in the essay whether the statements made on the scene and in the vehicle are admissible in court, and if so, why or why not? In addition, is the fact that the defendant, after being given his Miranda warnings, refuses to give any more information and requests an attorney, admissible in court, and if so, why or why not? Is it relevant if the defendant testifies on his own behalf when considering the above two questions? In addition, is it required the Defendant take the witness stand at all during his jury trial?
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