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Question 27 Donna was arrested and taken to police headquarters, where she was given her Miranda warnings. Donna indicated that she wished to telephone her
Question 27 Donna was arrested and taken to police headquarters, where she was given her Miranda warnings. Donna indicated that she wished to telephone her lawyer and was told that she could do so after her fingerprints had been taken. While being fingerprinted, however, Donna blurted out, "Paying a lawyer is a waste of money because I know you have me." At trial, Donna's motion to prevent the introduction of the statement she made while being fingerprinted will most probably be (A) Granted, because Donna's request to contact her attorney by telephone was reasonable and should have been granted immediately. (B) Granted, because of the "fruit of the poisonous tree" doctrine. (C) Denied, because the statements were volunteered and not the result of interrogation. (D) Denied, because fingerprinting is not a critical stage of the proceeding requiring the assistance of counsel. Questions 28-29 are based on the following fact situation. While Defendant was in jail on a DUI charge, his landlord called the police because rent had not been paid and because he detected a disagreeable odor coming from Defendant's apartment into the hallways. The police officer who responded to the call knew that Defendant was in jail. He recognized the stench coming from Defendant's apartment as that of decomposing flesh and, without waiting to obtain a warrant and using the landlord's passkey, entered the apartment with the landlord's consent. The lease to these premises gave the landlord a right of entry, at any reasonable hour, for the purpose of making repairs. The police officer found a large trunk in the bedroom which seemed to be the source of the odor. Upon breaking it open, he found the remains of Rosette, Defendant's former mistress. 28. The landlord's consent to the police officer's search of Defendant's apartment is: (A) A waiver of Defendant's Fourth Amendment rights, because a landlord has implied consent to enter a tenant's apartment. (B) A waiver of Defendant's Fourth Amendment rights, because the lease gave the landlord express authority to enter the premises. (C) Not a waiver of Defendant's Fourth Amendment rights, because the landlord lacked probable cause to believe a crime was then in the process of commission. (D) Not a waiver of Defendant's Fourth Amendment rights, because the landlord had neither actual nor apparent authority to permit the Entry. 29. If Defendant undertakes to challenge the search of his apartment, he has: (A) Standing, because the items seized in the search were incriminating in nature. (B) Standing, because he still has a sufficient interest in the apartment even while in jail. (C) No standing, because his landlord authorized the search. (D) No standing, because he was out of the apartment when it occurred and had not paid his rent
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