Miranda Rule or Exception Template

Miranda Rule or Exception Template
Instructions:
For each of the 10 scenarios:
* Determine whether the Miranda Rule applies or if an exception to it is in order.
* Justify your determination.
Note:
* The first scenario is completed for you as a guide to completing the remaining nine scenarios.
* Remember to use SWS to properly cite your sources.
Scenario

Miranda Rule or Exception?

Justification

Example Scenario: A police officer handcuffs a criminal suspect who has been arrested for shoplifting and places him in the back of a patrol car. While the officer was obtaining personal information from the suspect, the officer said, “That was pretty stupid. Why did you steal those razors? Now you will have a record.”

Miranda Rule

In this scenario, the officer needed to Mirandize the suspect because the suspect’s answer to the officer’s question would tend to incriminate him in the crime. The suspect had a right to be informed of their right to legal counsel before answering any questions about their possible involvement in a crime. If the officer told the suspect of their rights before questioning them and the suspect chose to waive those rights and answer the officer’s question, that information could be used against him in court.
In addition, if the suspect made a spontaneous statement without being asked a question (e.g., “Man, I didn’t mean to do it”), that statement can be used against him in court because the officer did not directly ask him a question.

Scenario 1: Police officers place two suspects in the back of a patrol car, leaving the door open. The officers overhear the suspects’ conversation in which they say, “It was stupid to steal those bikes.”

Miranda Rule

The police officers needed to mirandarize the suspects as their conversations while in the patrol car tend to incriminate them for the crime. The suspects had a right to be informed of their right to remain silent and to legal counsel. The right to remain silent is significant as anything uttered by the suspects regarding the crime in the presence of an arresting officer can and may be used to incriminate them in a court of law.

Scenario 2: During a traffic stop on reasonable suspicion, five officers surround a subject. The officers are aggressive in their speech and questioning. They ask the suspect, “Why did you rob that lady, you punk?” The suspect replies: “I’m sorry for doing it. Please don’t h me.”

Miranda Rule

The suspect must be told about their right to remain silent and to legal counsel, as anything they say can be incriminating.

Scenario 3: Police officers have placed a criminal suspect in handcuffs. They believe the gun used in the crime is hidden in a supermarket. They ask the suspect, “Where is the gun you used?”

Exception

In Dickerson v. the United States (2000), there is an exception to the Miranda Rule when a police officer arrests a criminal suspect and fears that the weapon used is within the arrest area. Additionally, the off...