Question
This is form class exercise, how can i answer this one. a) You and your partner arrest Felix upon a federal arrest warrant for possession
This is form class exercise, how can i answer this one.
a)
You and your partner arrest Felix upon a federal arrest warrant for possession of child pornography. A. Grand Jury had indicated Felix a few days earlier. You provide Felix with his Miranda warnings and he says he wants to see his lawyer. As you are sitting at your desk and your partner sit with Felix in the interview room, another Agent (Smith) mentions that Felix is also the subject of a mail fraud investigation. You and Agent Smith go back to talk to Felix, who is still in your custody, and he makes admissions as to mail fraud.
Discuss whether or not Felix's statements about mail fraud will be admissible in the mail fraud trial. Discuss all constitutional provisions and issues that may be relevant to the admissibility of the statement.
partB:
You and your partner arrest Felix based upon a federal arrest warrant for possession of child pornography. A Grand Jury had indicated Felix a few days earlier. You provide Felix with his Miranda warnings and he says he want to see his lawyer. As you are sitting at your desk and your partner sits with Felix in the interview room, another Agent (Smith) mentions that Felix is also the subject of a mail fraud investigation. You take Felix to his initial appearance for the child pornography charges and the magistrate release Felix pending trial.
A month goes and you decide to go to Felix's house to discuss the mail fraud investigation. You advise Felix of his Miranda warnings and he make admissions about mail fraud.
Discuss whether or not Felix's statements about the mail fraud will be admissible in the mail fraud trial. Discuss all constitutional provisions and issues that may be relevant to the admissibility of the statement.
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