Officer Newland arrests a major drug courier, Sam Rutledge. Officer Newland saw Rutledge roll through a stop
Question:
Officer Newland arrests a major drug courier, Sam Rutledge. Officer Newland saw Rutledge "roll through" a stop sign, i.e. not completely stopping. Officer Newland issued a ticket, but just after giving it to Rutledge he asked him if he had any drugs. He also asked him if he was a dealer or knows any dealers. Rutledge denied everything, but allowed Officer Newland to search his car. Officer Newland found a small joint, which Rutledge forgot about. He arrests Rutledge and takes him to the station. Without reading Rutledge his rights, Officer Newland begins to question Rutledge, and Rutledge confesses he is a dealer and tells the officers where they can find his drugs. The officers get a search warrant and find Marijuana, Heroin, and Cocaine, at barn Rutledge rents.
Rutledge's attorney makes a motion to suppress all evidence, due to Officer Newland's failure to read Miranda, starting from the questions at the traffic stop to the interrogation at the station. How will you rule if you are the judge? Make sure you discuss the circumstances when Miranda is required and when it is not, in light of this scenario.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts