Question: Please consider the following case: You are stopped by a cop for speeding. He handcuffs you and tells you that you are not being arrested
Please consider the following case:
You are stopped by a cop for speeding. He handcuffs you and tells you that youare not being arrested, but you are being"detained". You ask, "If I am not under arrest, may I leave?" The cop says, "You are not under arrest, you are being detained until we finish our investigation." While you are detained his partner asks you "where are you coming from and where are you going in such a hurry. In light of Miranda, what will happen if you answer him and are subsequently arrested? In other words, will you be able to use Miranda as a defense? If so why, if not, why not?
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