Questions 1 and 2 are based on the following facts: After receiving a credible report from a reliable informant that a local accountant named Brain was profitably engaged in an intricate tax fraud scheme, Officer Hulk went to Brain's office. Brain's secretary greeted Officer Hulk warmly and asked if he had an appointment. Officer Hulk showed her a valid warrant for the arrest of Brain and said, "You could call it an appointment." The secretary said, "He's in there," pointing to the corner officer, and she buzzed Officer Hulk into Brain's office. Officer Hulk sat down, handed Brain the warrant, and said, "Mr. Brain, you are under arrest for tax fraud." Brain said nothing. He stared at the warrant and shook his head. Officer Hulk then stood and walked to the door, opened it and cheerfully asked Brain's secretary to bring them some coffee. Officer Hulk knew of Brain's reputation as a brilliant but talkative man, a very mild guy who wouldn't hurt a fly. He figured if he sat with Brain long enough, Brain would spill the beans. Without handcuffing Brain, Officer Hulk sat and waited. The secretary brought coffee which they both drank in silence. Officer Hulk stared at Brain and, after a few minutes, just as Hulk had suspected, Brain began talking, "How'd you guys find me? I thought I was so good. I didn't hurt anyone you know. Just picked up a little for the kids' college fund, you know. Guess I better call my lawyer, now, huh?" Officer Hulk replied, "You know, on second thought, let's take our coffees to go and head down to the station. I'll let you call your lawyer and we'll figure out how we're going to do all this. First, though, before we go, I gotta take a look around." Though Officer Hulk did not believe Brain was armed, Hulk nonetheless searched the drawers of Brain's desk. In the bottom drawer, Hulk found a plastic baggy filled with cocaine which he slipped into his pocket to take to the police lab. Question 1 At Brain's trial for tax fraud, the defense moves to suppress the confession Brain made to Officer Hulk in his office. The motion will likely be: (A) Granted as illegally obtained in violation of Miranda. (B) Granted since Hulk's silent stares, knowing Brain's propensity to talk, amounted to the functional equivalent of interrogation. (C) Denied since the questioning stopped as soon as Brain asserted his right to counsel. (D) Denied since Brain's statements were voluntary and unsolicited. Question 2 At Brain's trial on drug possession, the defense seeks to exclude the baggy of cocaine found in Brain's desk. The motion will likely be: (A) Granted since the arrest warrant was for tax fraud, and Officer Hulk had no probable cause to search for drugs. (B) Granted since Officer Hulk had no fear for his safety. (C) Denied since Officer Hulk had a valid arrest warrant. (D) Denied since Brain's silence evidenced a valid consent to search his desk