Custody Self-Quiz
Chris and
Jimmy are illegally looking for crabs in a state reservoir. Park Ranger
Yogi drives past them and parks his SUV in front of their car twenty feet
from their crabbing spot, preventing them from driving off. He exits the
SUV, ambles on up to within a few inches of the boys’ faces, and
says “Hey boys, did you know that what yer up to isn’t exactly
kosher?” “Gee Mr. Park Ranger,” says Jimmy, “Sure.
We can read those signs over there. What’re you gonna do, slap on
the cuffs?” At which point Jimmy starts laughing. Chris feels like
running, but doesn’t feel free to just leave with the Park Ranger
standing there. Is Jimmy’s statement in response to a custodial
interrogation?
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Lisa is pulled
over by Officer Canaan for running a stop sign. Believing he smells booze,
the Officer asks if she is drunk. “Why no, Offisher, I’m not
drunk. My toleransh is sho high that the bottle of vodka I drank hardly
had any effect at all!” She then passes out leaning on the car horn.
A blood test taken while she was passed out reveals that she is well above
the blood-alcohol limit. When she wakes up in the drunk tank, she is given
her Miranda warning at which point she asserts her right to remain silent
and requests her attorney.
Can her statement to the arresting officer be used against her at trial? |
In the same facts as the previous question: Can the results of the blood-test be used against Lisa at her trial? |
Mr. Gillespie
goes down to the police station after receiving a call from Officer Sinicrope
requesting that Gillespie come by at 11 a.m. to discuss some missing musical
instruments. Officer Sinicrope has an antique torture chair in the corner
of his office (he collects them). When Mr. Gillespie enters the office
Sinicrope has his back to the door and is busy on his computer. Mr. Gillespie
suddenly feels faint, and the dizzy Gillespie plops down in the antique
chair, at which point hidden handcuffs clamp his wrists to the arms of
the chair preventing movement. Without turning around, Sinicrope asks
“Whad’ya know ‘bout the missing horns?” Without
dropping a beat, Gillespie says “I admit it. I stole them!”
Sinicrope then turns around and notices Gillespie is in the torture chair.
He promptly releases Gillespie, apologizing for the mishap, and reads
Gillespie his rights. Was Gillespie in custody for Miranda purposes such
that he can exclude his confession at trial?
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