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In this assignment, analyze the two factors that trigger a police officer’s legal requirement to give the Miranda warnings. The two factors are:

  • Custody
  • Interrogation

Review the scenarios below.

Scenario 1

You are on patrol and stop a vehicle for going through a stop
sign. The vehicle is occupied by two adult males. The vehicle license
plate and V.I.N. number comes back stolen and you arrest both subjects.
You do not ask them any questions or read them their Miranda rights. You
place both subjects in the back seat of your patrol car. Your patrol
camera and audio device is activated. You exit your patrol vehicle to
assist in searching the stolen vehicle before it is towed and impounded.
After you return to your patrol vehicle, you replay the footage and
recording from your patrol camera. The cameras has recorded both
subjects discussing how they stole the vehicle.

Scenario 2

You
are on patrol when you receive a call of a robbery at a local gas
station. Witnesses report a man entered the gas station, showed a black
hand gun, and ordered the clerk to put all the money from the cash
register in a bag. The clerk complied, putting money in a grey plastic
bag and gave it to the robber. The robber left the store with the bag of
money. Dispatch provides a description to you over the radio,
describing the suspect as follows:

Caucasian male, with shoulder
length, dyed green hair, tall about 6’5, wearing a blaze orange
sweatshirt, yellow pants, red high top basketball shoes.

When you
are driving to the gas station, you observe a male walking on the
sidewalk about a block from the gas station that was just robbed. The
male matches the description of the robber provided to you by dispatch.
You stop your patrol vehicle, get out and stop the man to speak to with
him on the sidewalk. You do not handcuff the male, but you grab him by
the arm when he tries to walk by you on the sidewalk and do not let him
walk away. You ask the man, “where’s the money you robbed from the gas
station?”

Scenario 3

You are an investigator, trying to solve a burglary at the local
public library. Someone broke into the library and stole five
computers. Based on your investigation so far, you have a suspect in
mind: a woman named Mary Smith. You call Mary and ask her to come to the
police department to answer some questions. She agrees and comes to the
department. You invite her into an interview room that includes a table
and two chairs. There is only one door leading into the room. You sit
at the table and Mary sits across from you. You begin to ask Mary
questions about where she works, her hobbies, etc. and then ask her what
she knows about computers being stolen from the library. She answers
that she read about the incident in the newspaper. She then starts
crying. You ask her if she has ever been to the library or used
computers at the library. She says, yes, she has been to the library.
You ask her if she was at the library on the day the computers were
reported stolen. She continues to cry and ask very nervous. She says,
yes, she was at the library the day the computers were stolen. She then
says, “it was me. I did it. I took them. The computers. I wanted to give
computers to my friends.”

You then arrest Mary for burglary and theft and read her the Miranda warnings.

For
your written assignment, analyze each of the scenarios above and give a
detailed explanation of whether the two factors: (1) custody and (2)
interrogation, which trigger Miranda, are met in each of the scenarios.

  • In your explanation, define “custody” and “interrogation.”
  • Explain whether each scenario meet the definitions of “custody” and “interrogation.”
  • Describe factors to consider that help determine whether a person is in custody and being interrogated under Miranda.
  • Give your opinion as to the officer was required to read the Miranda warning and at what point in the scenarios above.

Support
your discussion and analysis through research and case law. Prepare
your assignment following APA citation and format requirements. You must
include proper citations to any source you relied on for information
that you include in your paper.

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