Three scenarios: A detective has enough probable cause to arrest Mickey for murder.

Three scenarios:

1.      A detective has enough probable cause to arrest Mickey for murder. But before he does, the detective calls Mickey on the phone and tells him, “I’m on my way to your house to arrest you. But before I do, I just want to ask you: did you commit this murder?” Mickey responds, “Yeah, I did. What are you gonna do about it?” True to his word, the detective goes straight to Mickey’s house and arrests him. The prosecutor, at trial, wants to introduce Mickey’s statement. One problem: the detective never gave Mickey his Miranda warnings. Admissible or not?

2.      A police officer is at a crime scene, and asks, out loud to the assembled masses, “Anybody know who committed this crime?” Willie comes out of the crowd and says, “Yes, officer, I committed it.” Willie is immediately arrested. The prosecutor, at trial, wants to introduce Willie’s statement. One problem: the detective never gave Willie his Miranda warnings. Admissible or not?

3.      (This is an interview question I ask law students who want a job in my office:) A cop, on routine patrol, sees Duke walking down the block, the butt of a gun hanging out the front of his pants waistband. The cop goes up to Duke, pats him down, and removes a loaded .38 caliber revolver from the front waistband. The officer immediately arrests Duke for gun possession, but never advises Duke of hisMiranda warnings. The officer brings Duke to the precinct and, while processing the arrest, notices a wanted poster for robbery with Duke’s picture on it! The officer calls the detective handling the robbery, advises her that he has Duke sitting right in front of him. The detective comes down, grabs Duke and, without ever advising him of his Miranda warnings, throws him in a line-up where he is identified by the victim. The detective also processes Duke’s new arrest but never advises him of his rights.

Duke gets indicted for gun possession and robbery. His lawyer makes a motion to suppress everything (including the gun, the line-up identification and both arrests). Based solely on what we’ve studied so far, what’s the judge’s decision?

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