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A 19-year-old student, Sally, has
been arrested by the police for possession of a small amount of marijuana while driving home from a college party. Assume that the police officer had probable cause to stop Sally
for drunk driving. During the search of Sallys
pockets incident to her
arrest, the police find an unregistered handgun, a bag of prescription drugs issued to a woman named “Judy O’Heary, aged 74,” and $5,000 in cash in her car.
When the police confronts her
with these items, she
says, “I need those pills because of my back pain. And, I have no idea where that gun came from.” The police officer then asks her
why you need more than 350 tablets of painkillers, and she
states, “You have no idea how bad my back hurts.”
Based on her
statements about the pills, the police charge her
with intent to sell and distribute prescription drugs. At
trial, her
attorney makes a motion to suppress the admission of
the
statements,
arguing in relevant part that she
made the statement without being given her
Miranda rights. In response, the police argue that she
made
statements voluntarily and not under duress.
If your last name starts with A – F, you will answer
as the defense attorney (my name ends in B)
How do you think that the judge will rule on this
motion to suppress? Does it matter that she
was
already under arrest at the time of her
statements?
Please use your acting skills and stay in your role as you answer these questions. Be sure to provide detailed answers based on the facts and supported by the current case law. Have fun!
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