Monday, July 27, 2009

Law question ?

simon belonged to a leftist group responsible for blowing up several corporate offices of multi-national companies. Acting on a tip, the police surround Simon in front of the offices of a major corporation %26amp; ask him where the dynamite is. Simon tells them. His statements:





a) are inadmissable because he wasnt given miranda


b)are admissible because of the public safety exception


c) are admissible because he was a known criminal


d) are inadmissible because he was never charged with a crime

Law question ?
Here is my honest answer to your question. This appears to be a school assignment that you are required to complete. Perhaps it would be best if you did the research on your own, especially from an educational point of view, to see what you can come up with. However, if you try and still can't find all the information you need by all means ask again, but in a more appropriate category ... i.e. “Education %26amp; Reference %26gt; Homework Help”. The folks participating in that category won't do your homework for you, but they are quite willing to help. That way you are up front with your question and will likely get more appropriate assistance. Good luck!!
Reply:The statement and the dynamite are both admissable Miranda Only triggers with Custody and Interrogation together and because of the public safety aspect of inevitable discovery.
Reply:They may be admissible because he volunteered the information and did not ask for a lawyer beforehand
Reply:B - admissible because of the public safety exception.





http://links.jstor.org/sici?sici=0026-22...
Reply:braggin is correct the answer is "B". it has nothing to do with being under arrest to have your Miranda warning because a good lawyer could get someone off because of that...the reason being, if you were surrounded by a bunch of cops and not given the option to leave , the average person would think they were in custody or under arrest , therefore the lack of a Miranda warning could get someone off
Reply:b) public safety exception.





Besides, miranda doesn't apply if he hasn't been arrested


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