Question: Based on the passage and the 5th amendment right answer the questions below. Passage: While walking out of the mall, Mary noticed two uniformed officers
Based on the passage and the 5th amendment right answer the questions below. Passage: While walking out of the mall, Mary noticed two uniformed officers standing near her car. As she approaches the car, the officers asked her whether the vehicle was registered to her. Mary did not answer and instead continued to approach the driver's door. As Mary got closer to the driver's door, one of the officers blocked her and asked her again if she was the owner of the car. Mary refused to answer the question. The officers then demanded her I.D. - to which she quickly supplied. After reviewing Mary's license, the officers informed her that the vehicle she was approaching was reported stolen. Mary blurted out, "My boyfriend pulled this crap again?! We had an argument and he knows I only took the car to blow off steam!" Mary was arrested for driving a vehicle without the owner's consent. Question 1: Was Mary in "custody" when the officers approached her in the parking lot? If so, what factors show that she was in custody? If not, what factors are missing to support a showing of custody? Question 2: Was Mary subject to "interrogation" or the "functional equivalent" of interrogation? Question 3: While at trial, Mary tries to exclude her statements made in the parking lot. Will she be successful?
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