{"id":372,"date":"2026-03-06T11:24:53","date_gmt":"2026-03-06T11:24:53","guid":{"rendered":"https:\/\/routledgelearning.com\/constitutionallawforcriminaljustice\/?page_id=372"},"modified":"2026-03-06T11:47:55","modified_gmt":"2026-03-06T11:47:55","slug":"chapter-6-case-studies","status":"publish","type":"page","link":"https:\/\/routledgelearning.com\/constitutionallawforcriminaljustice\/students\/chapter-6-case-studies\/","title":{"rendered":"Chapter 6 Case Studies"},"content":{"rendered":"\n<div class=\"wp-block-group alignwide has-background has-global-padding is-layout-constrained wp-block-group-is-layout-constrained\" style=\"background-color:#f4eedc;padding-top:var(--wp--preset--spacing--60);padding-bottom:var(--wp--preset--spacing--60)\">\n<div class=\"wp-block-group alignwide has-global-padding is-content-justification-left is-layout-constrained wp-container-core-group-is-layout-12dd3699 wp-block-group-is-layout-constrained\"><div class=\"aioseo-breadcrumbs\"><span class=\"aioseo-breadcrumb\">\n\tHome\n<\/span><\/div>\n\n<h2 class=\"alignwide wp-block-post-title\">Chapter 6 Case Studies<\/h2><\/div>\n<\/div>\n\n\n\n<div class=\"wp-block-group has-global-padding is-layout-constrained wp-block-group-is-layout-constrained\">\n<div class=\"wp-block-group alignwide is-layout-flow wp-block-group-is-layout-flow\">\n<h2 class=\"wp-block-heading\">Case Study 1<\/h2>\n\n\n\n<p>Police were dispatched to an apartment \u201cto assist an elderly woman who was hurt.\u201d When they arrived, they found an elderly woman in the kitchen lying in a pool of blood. They check her pulse. She was dead. They immediately began a sweep of the apartment. With their guns drawn, they searched each room for other victims or suspects. Officer Compton found the deceased woman\u2019s son Tom in a bedroom, lying face down on the floor behind the bed. He was covered in blood and holding a knife that appeared to be impaled in his armpit. Compton ordered Tom to drop the knife which he did and then asked him, \u201cWhat happened here?\u201d Tom responded, \u201cI killed my mother. She had it coming.\u201d Tom was charged with murder. He moved to suppress his statement under the <em>Miranda<\/em> rule.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Questions<\/h3>\n\n\n\n<p>1. Did Officer Compton\u2019s question \u201cwhat happened here?\u201d constitute a custodial interrogation?<\/p>\n\n\n\n<div data-wp-context=\"{ &quot;autoclose&quot;: false, &quot;accordionItems&quot;: [] }\" data-wp-interactive=\"core\/accordion\" role=\"group\" class=\"wp-block-accordion is-layout-flow wp-block-accordion-is-layout-flow\">\n<div data-wp-class--is-open=\"state.isOpen\" data-wp-context=\"{ &quot;id&quot;: &quot;accordion-item-1&quot;, &quot;openByDefault&quot;: false }\" data-wp-init=\"callbacks.initAccordionItems\" data-wp-on-window--hashchange=\"callbacks.hashChange\" class=\"wp-block-accordion-item is-layout-flow wp-block-accordion-item-is-layout-flow\">\n<h3 class=\"wp-block-accordion-heading\"><button aria-expanded=\"false\" aria-controls=\"accordion-item-1-panel\" data-wp-bind--aria-expanded=\"state.isOpen\" data-wp-on--click=\"actions.toggle\" data-wp-on--keydown=\"actions.handleKeyDown\" id=\"accordion-item-1\" type=\"button\" class=\"wp-block-accordion-heading__toggle\"><span class=\"wp-block-accordion-heading__toggle-title\">Answer<\/span><span class=\"wp-block-accordion-heading__toggle-icon\" aria-hidden=\"true\">+<\/span><\/button><\/h3>\n\n\n\n<div inert aria-labelledby=\"accordion-item-1\" data-wp-bind--inert=\"!state.isOpen\" id=\"accordion-item-1-panel\" role=\"region\" class=\"wp-block-accordion-panel is-layout-flow wp-block-accordion-panel-is-layout-flow\">\n<p>A custodial interrogation has two components: (1) custody and (2) interrogation. Custody exists when<a><\/a> a reasonable person in the suspect\u2019s position would experience the encounter as equivalent to an arrest. Officer Compton has just encountered a woman lying in a pool of blood in the kitchen and her son lying on the floor in the bedroom holding a knife that appeared to be impaled in his armpit. Tom was yet a suspect, the situation was unclear, and Officer Compton was trying to get a handle on what happened so that he could figure out how to respond. While Officer Compton did not intend the encounter to be custodial, his intentions are not relevant to whether Tom was in custody. Custody is determined from the vantage point of a reasonable person in Tom\u2019s position. A reasonable person in Tom\u2019s position who was found holding a knife in the apartment of woman who had been stabbed to death and who was ordered at gun point to drop the knife would experience the encounter as an arrest.<\/p>\n\n\n\n<p>The determination that Tom was in custody leads to the next question. Was Officer Compton\u2019s question \u201cWhat happened here?\u201d an interrogation? The answer is no. The term \u201cinterrogation\u201d includes both express questioning and the functional equivalent. Functional equivalent refers to words or actions that the officer should have known were reasonably likely to elicit an incriminating response from the suspect. Officer Compton\u2019s question was not an interrogation because it was asked for a noninvestigative reason. The officer was trying to get a handle on a murky, dangerous, and volatile situation. He needed to find out whether the crime was committed by an intruder, whether the intruder was still in the apartment, whether Tom was injured and in need of aid, whether there were other victims, and so on. Since Sam was not under suspicion, Officer Compton had no reason to expect an incriminating response. Consequently, there was no interrogation.<\/p>\n\n\n\n<p>The public safety exception furnishes an alternative rationale for finding Tom\u2019s unwarned statement admissible. This exception allows police to dispense with <em>Miranda<\/em> warnings when information is immediately needed to protect the public safety, their own safety, or the suspect\u2019s safety. The Supreme Court announced this exception in <a href=\"http:\/\/www.westlaw.com\/Link\/Document\/FullText?findType=Y&amp;serNum=1984128416&amp;pubNum=708&amp;originationContext=document&amp;vr=3.0&amp;rs=cblt1.0&amp;transitionType=DocumentItem&amp;contextData=(sc.Search)\"><em>New York v. Quarle<\/em><\/a>s, where officers asked the suspect where he discarded his gun before advising him of his <em>Miranda<\/em> rights. Officer Compton\u2019s question \u201cWhat happened here?\u201d falls within this exception. Office Crompton was seeking information needed to manage a dangerous situation. Tom\u2019s safety, his own safety, and the safety of the other officer in the apartment appeared to be at risk. Since his question was asked to ascertain information required to protect safety, and not to elicit an incriminating response, warnings were not necessary.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n<div style=\"height:50px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Case Study 2<\/h2>\n\n\n\n<p>Thelma Stump\u2019s home was burglarized last night. The thief had good taste. Only her finest jewelry was taken. Sticky-Fingered Sam had been in Thelma\u2019s home, washing her windows and doing odd jobs several days before the burglary. Acting on a hunch that Sam was responsible, police went to his apartment, informed him of the burglary, and asked for permission to come in and talk. Sam replied that he knew nothing about the burglary and had nothing to say. Several hours later the police returned and falsely told Sam that his image had been captured on Thelma Stump\u2019s video surveillance camera on the night of the burglary and that they had a warrant for his arrest. Sam went silent for a few minutes and then said: \u201cOkay! I did it. I don\u2019t know why I did. Ms. Thelma\u2019s jewelry is just so beautiful. I just couldn\u2019t help myself.\u201d&nbsp; Sam\u2019s lawyer has moved to suppress his confession.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Questions<\/h3>\n\n\n\n<p>1. Was Sam\u2019s confession involuntary?<\/p>\n\n\n\n<div data-wp-context=\"{ &quot;autoclose&quot;: false, &quot;accordionItems&quot;: [] }\" data-wp-interactive=\"core\/accordion\" role=\"group\" class=\"wp-block-accordion is-layout-flow wp-block-accordion-is-layout-flow\">\n<div data-wp-class--is-open=\"state.isOpen\" data-wp-context=\"{ &quot;id&quot;: &quot;accordion-item-2&quot;, &quot;openByDefault&quot;: false }\" data-wp-init=\"callbacks.initAccordionItems\" data-wp-on-window--hashchange=\"callbacks.hashChange\" class=\"wp-block-accordion-item is-layout-flow wp-block-accordion-item-is-layout-flow\">\n<h3 class=\"wp-block-accordion-heading\"><button aria-expanded=\"false\" aria-controls=\"accordion-item-2-panel\" data-wp-bind--aria-expanded=\"state.isOpen\" data-wp-on--click=\"actions.toggle\" data-wp-on--keydown=\"actions.handleKeyDown\" id=\"accordion-item-2\" type=\"button\" class=\"wp-block-accordion-heading__toggle\"><span class=\"wp-block-accordion-heading__toggle-title\">Answer<\/span><span class=\"wp-block-accordion-heading__toggle-icon\" aria-hidden=\"true\">+<\/span><\/button><\/h3>\n\n\n\n<div inert aria-labelledby=\"accordion-item-2\" data-wp-bind--inert=\"!state.isOpen\" id=\"accordion-item-2-panel\" role=\"region\" class=\"wp-block-accordion-panel is-layout-flow wp-block-accordion-panel-is-layout-flow\">\n<p>No. Improper police activity is necessary to render a confession involuntary. The activity may take the form of physical violence, verbal threats, promises of leniency, and other improper inducements. Misstatements about the strength of the evidence are a common interrogation strategy and almost never render a confession involuntary. Police are allowed to deceive suspects about the strength of the evidence linking them to the crime, such as that they were caught on video camera, their fingerprints were found at the crime scene, they were identified by an eyewitness, they flunked the lie detector test, their codefendant confessed and named them as the trigger man, and so on. Courts have explained that lies and tricks like these are unlikely to induce an innocent person to confess. Sam\u2019s confession was voluntary, albeit induced by trickery.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n<p>2. Was Sam\u2019s confession subject to suppression under the Fourth Amendment exclusionary rule?<\/p>\n\n\n\n<div data-wp-context=\"{ &quot;autoclose&quot;: false, &quot;accordionItems&quot;: [] }\" data-wp-interactive=\"core\/accordion\" role=\"group\" class=\"wp-block-accordion is-layout-flow wp-block-accordion-is-layout-flow\">\n<div data-wp-class--is-open=\"state.isOpen\" data-wp-context=\"{ &quot;id&quot;: &quot;accordion-item-3&quot;, &quot;openByDefault&quot;: false }\" data-wp-init=\"callbacks.initAccordionItems\" data-wp-on-window--hashchange=\"callbacks.hashChange\" class=\"wp-block-accordion-item is-layout-flow wp-block-accordion-item-is-layout-flow\">\n<h3 class=\"wp-block-accordion-heading\"><button aria-expanded=\"false\" aria-controls=\"accordion-item-3-panel\" data-wp-bind--aria-expanded=\"state.isOpen\" data-wp-on--click=\"actions.toggle\" data-wp-on--keydown=\"actions.handleKeyDown\" id=\"accordion-item-3\" type=\"button\" class=\"wp-block-accordion-heading__toggle\"><span class=\"wp-block-accordion-heading__toggle-title\">Answer<\/span><span class=\"wp-block-accordion-heading__toggle-icon\" aria-hidden=\"true\">+<\/span><\/button><\/h3>\n\n\n\n<div inert aria-labelledby=\"accordion-item-3\" data-wp-bind--inert=\"!state.isOpen\" id=\"accordion-item-3-panel\" role=\"region\" class=\"wp-block-accordion-panel is-layout-flow wp-block-accordion-panel-is-layout-flow\">\n<p>Yes. Sam was illegally seized when police falsely told him that they had a warrant for his arrest. This constituted a show of legal authority; Sam submitted and was seized. The fruit of the poisonous tree doctrine requires suppression of confessions that are caused by the violation of the suspect\u2019s Fourth Amendment rights. Sam\u2019s confession was made moments after his bogus arrest; there were no intervening circumstances; and the police violation of his Fourth Amendments was flagrant. All three factors courts are considered in applying the Fourth Amendment exclusionary rule to confessions given after an illegal arrest point to the need for suppression in this case.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n<p>3. Was Sam\u2019s unwarned confession subject to suppression under the Miranda rule?<\/p>\n\n\n\n<div data-wp-context=\"{ &quot;autoclose&quot;: false, &quot;accordionItems&quot;: [] }\" data-wp-interactive=\"core\/accordion\" role=\"group\" class=\"wp-block-accordion is-layout-flow wp-block-accordion-is-layout-flow\">\n<div data-wp-class--is-open=\"state.isOpen\" data-wp-context=\"{ &quot;id&quot;: &quot;accordion-item-4&quot;, &quot;openByDefault&quot;: false }\" data-wp-init=\"callbacks.initAccordionItems\" data-wp-on-window--hashchange=\"callbacks.hashChange\" class=\"wp-block-accordion-item is-layout-flow wp-block-accordion-item-is-layout-flow\">\n<h3 class=\"wp-block-accordion-heading\"><button aria-expanded=\"false\" aria-controls=\"accordion-item-4-panel\" data-wp-bind--aria-expanded=\"state.isOpen\" data-wp-on--click=\"actions.toggle\" data-wp-on--keydown=\"actions.handleKeyDown\" id=\"accordion-item-4\" type=\"button\" class=\"wp-block-accordion-heading__toggle\"><span class=\"wp-block-accordion-heading__toggle-title\">Answer<\/span><span class=\"wp-block-accordion-heading__toggle-icon\" aria-hidden=\"true\">+<\/span><\/button><\/h3>\n\n\n\n<div inert aria-labelledby=\"accordion-item-4\" data-wp-bind--inert=\"!state.isOpen\" id=\"accordion-item-4-panel\" role=\"region\" class=\"wp-block-accordion-panel is-layout-flow wp-block-accordion-panel-is-layout-flow\">\n<p>Yes.\u00a0 Custody requires either a formal arrest or a restraint of the suspect\u2019s freedom of movement to the degree associated with a formal arrest. Sam was falsely arrested when he submitted to the officers\u2019 bogus claim that they had a warrant for his arrest. The officers\u2019 false statement that Sam\u2019s image had been captured on Thelma Stump\u2019s video camera constituted an interrogation. The term \u201cinterrogation\u201d includes both express questioning and the functional equivalent. Functional equivalent refers to words or actions that the officer should have known were reasonably likely to elicit an incriminating response from the suspect. Interrogation strategies like the one used on Sam are the functional equivalent of an express question because their purpose is to trick suspects into incriminating themselves. Since Sam\u2019s confession was the product of a custodial interrogation, suppression is required because warnings were not administered before using this strategy.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n<div style=\"height:50px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Case Study 3<\/h2>\n\n\n\n<p>Harold Kamke was arrested for murder, transported to the police station, and taken to the interview room. <em>Miranda<\/em> warnings were administered. Kamke stated that he understood his rights and was willing to speak, but after answering two questions, he said: \u201cI\u2019m scared to talk to you without a lawyer. I\u2019m going to get myself in worse trouble. I need a lawyer.\u201d At this point, the questioning ceased and Kamke was taken to the county jail. The next morning, the same officers came to the jail, told Kamke they would like to speak to him, advised him of his <em>Miranda<\/em> rights, and asked him if he was willing to discuss the case. Kamke stated that he had changed his mind and that he no longer wanted a lawyer. He signed a written waiver and confessed. He has now moved to suppress his confession, claiming it was procured in violation of his <em>Miranda <\/em>rights.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Questions<\/h3>\n\n\n\n<p>1.  Is Kamke\u2019s confession admissible?<\/p>\n\n\n\n<div data-wp-context=\"{ &quot;autoclose&quot;: false, &quot;accordionItems&quot;: [] }\" data-wp-interactive=\"core\/accordion\" role=\"group\" class=\"wp-block-accordion is-layout-flow wp-block-accordion-is-layout-flow\">\n<div data-wp-class--is-open=\"state.isOpen\" data-wp-context=\"{ &quot;id&quot;: &quot;accordion-item-5&quot;, &quot;openByDefault&quot;: false }\" data-wp-init=\"callbacks.initAccordionItems\" data-wp-on-window--hashchange=\"callbacks.hashChange\" class=\"wp-block-accordion-item is-layout-flow wp-block-accordion-item-is-layout-flow\">\n<h3 class=\"wp-block-accordion-heading\"><button aria-expanded=\"false\" aria-controls=\"accordion-item-5-panel\" data-wp-bind--aria-expanded=\"state.isOpen\" data-wp-on--click=\"actions.toggle\" data-wp-on--keydown=\"actions.handleKeyDown\" id=\"accordion-item-5\" type=\"button\" class=\"wp-block-accordion-heading__toggle\"><span class=\"wp-block-accordion-heading__toggle-title\">Answer<\/span><span class=\"wp-block-accordion-heading__toggle-icon\" aria-hidden=\"true\">+<\/span><\/button><\/h3>\n\n\n\n<div inert aria-labelledby=\"accordion-item-5\" data-wp-bind--inert=\"!state.isOpen\" id=\"accordion-item-5-panel\" role=\"region\" class=\"wp-block-accordion-panel is-layout-flow wp-block-accordion-panel-is-layout-flow\">\n<p>No. The facts of this hypothetical were taken from <em>Edwards v. Arizona<\/em>\u00a0 where the Supreme Court held that once a suspect makes a clear request for an attorney, all questioning must cease and may resume again only if (1) counsel has been made available, or (2) the accused initiates further contact with the police. The purpose of the rule announced in <em>Edwards v. Arizona<\/em> is to protect suspects who have invoked their <em>Miranda <\/em>rights from being badgered into relinquishing them. The rule of <em>Edwards v. Arizona<\/em> does this by preventing suspects who have invoked their <em>Miranda<\/em> rights from giving a valid waiver during a police-initiated contact. Since the police, rather than Kamke, initiated the further contact, Kamke\u2019s waiver of his right to counsel was invalid. The Supreme Court has since recognized a limited exception to <em>Edwards v. Arizona<\/em>. In <em>Maryland v. Shatzer, <\/em>the Court ruled that police may initiate contact with a suspect who has invoked his <em>Miranda<\/em> rights after a break in custody of at least 14 days. Police in this problem did not wait 14 days before initiating contact; they did not wait even one day. As a result, Kamke\u2019s confession is inadmissible.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n<div style=\"height:50px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Case Study 4<\/h2>\n\n\n\n<p>A prosecutor with the district attorney\u2019s office determined there was enough evidence to seek an indictment against Kyle Butler for the murder of Dorothy Flowers and convened a grand jury. The grand jury returned an indictment and a warrant was issued for Butler\u2019s arrest. The police went to Butler\u2019s home and informed him that he had been indicted for the murder of Dorothy Flowers, that they had a warrant for his arrest, and that they needed to ask him some questions. Butler seemed hesitant to discuss the case at first, but it slowly emerged over the next few hours that Flowers was Butler\u2019s supervisor and that he was enraged at her for firing him. \u201cShe took everything from me,\u201d Butler said. \u201cI was determined to make her sorry.\u201d Police continued to question Butler about the morning Flowers was found brutally murdered in her apartment. They asked Butler about his whereabouts. At first he said he was at the gym, but when pressed to provide the name of a witness who could verify his story, he admitted that he had been in Flowers\u2019s neighborhood, having breakfast. The police pressed him further, and Butler finally blurted out. \u201cI did it! OK. I killed the vile woman! She deserved it! She ruined my life, and I made her pay.\u201d The officers then arrested Butler and read him his <em>Miranda <\/em>rights. Butler\u2019s attorney has filed a suppression motion.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Questions<\/h3>\n\n\n\n<p>1. What is the constitutional basis for his motion?<\/p>\n\n\n\n<div data-wp-context=\"{ &quot;autoclose&quot;: false, &quot;accordionItems&quot;: [] }\" data-wp-interactive=\"core\/accordion\" role=\"group\" class=\"wp-block-accordion is-layout-flow wp-block-accordion-is-layout-flow\">\n<div data-wp-class--is-open=\"state.isOpen\" data-wp-context=\"{ &quot;id&quot;: &quot;accordion-item-6&quot;, &quot;openByDefault&quot;: false }\" data-wp-init=\"callbacks.initAccordionItems\" data-wp-on-window--hashchange=\"callbacks.hashChange\" class=\"wp-block-accordion-item is-layout-flow wp-block-accordion-item-is-layout-flow\">\n<h3 class=\"wp-block-accordion-heading\"><button aria-expanded=\"false\" aria-controls=\"accordion-item-6-panel\" data-wp-bind--aria-expanded=\"state.isOpen\" data-wp-on--click=\"actions.toggle\" data-wp-on--keydown=\"actions.handleKeyDown\" id=\"accordion-item-6\" type=\"button\" class=\"wp-block-accordion-heading__toggle\"><span class=\"wp-block-accordion-heading__toggle-title\">Answer<\/span><span class=\"wp-block-accordion-heading__toggle-icon\" aria-hidden=\"true\">+<\/span><\/button><\/h3>\n\n\n\n<div inert aria-labelledby=\"accordion-item-6\" data-wp-bind--inert=\"!state.isOpen\" id=\"accordion-item-6-panel\" role=\"region\" class=\"wp-block-accordion-panel is-layout-flow wp-block-accordion-panel-is-layout-flow\">\n<p>The basis for the motion is Sixth Amendment right to counsel. The Sixth Amendment right to counsel attaches when adversary judicial proceedings are initiated by way of indictment, information, arraignment, or other method of lodging formal charges. Since Kyle Butler was under indictment for Dorothy Flowers\u2019s murder when he was questioned, his Sixth Amendment right to counsel had attached and there was no <em>Miranda<\/em> phase.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n<p>2. Did police violate the Sixth Amendment when they questioned Butler about the murder without obtaining a waiver of his Sixth Amendment right to counsel?<\/p>\n\n\n\n<div data-wp-context=\"{ &quot;autoclose&quot;: false, &quot;accordionItems&quot;: [] }\" data-wp-interactive=\"core\/accordion\" role=\"group\" class=\"wp-block-accordion is-layout-flow wp-block-accordion-is-layout-flow\">\n<div data-wp-class--is-open=\"state.isOpen\" data-wp-context=\"{ &quot;id&quot;: &quot;accordion-item-7&quot;, &quot;openByDefault&quot;: false }\" data-wp-init=\"callbacks.initAccordionItems\" data-wp-on-window--hashchange=\"callbacks.hashChange\" class=\"wp-block-accordion-item is-layout-flow wp-block-accordion-item-is-layout-flow\">\n<h3 class=\"wp-block-accordion-heading\"><button aria-expanded=\"false\" aria-controls=\"accordion-item-7-panel\" data-wp-bind--aria-expanded=\"state.isOpen\" data-wp-on--click=\"actions.toggle\" data-wp-on--keydown=\"actions.handleKeyDown\" id=\"accordion-item-7\" type=\"button\" class=\"wp-block-accordion-heading__toggle\"><span class=\"wp-block-accordion-heading__toggle-title\">Answer<\/span><span class=\"wp-block-accordion-heading__toggle-icon\" aria-hidden=\"true\">+<\/span><\/button><\/h3>\n\n\n\n<div inert aria-labelledby=\"accordion-item-7\" data-wp-bind--inert=\"!state.isOpen\" id=\"accordion-item-7-panel\" role=\"region\" class=\"wp-block-accordion-panel is-layout-flow wp-block-accordion-panel-is-layout-flow\">\n<p>Yes. The Sixth Amendment affords broader protection for the right to counsel than does the <em>Miranda<\/em> rule. A defendant under formal charges is entitled to have counsel present whenever the government <em>deliberately elicits<\/em> incriminating information about the charges unless the defendant is informed of his rights and voluntarily waives them. These protections must be observed whether the defendant is in custody or at large. The encounter between the police and Kyle Butler closely resembles <em>Fellers v. United States<\/em>, where the Court held that police officers violated the Sixth Amendment when they spoke to the defendant in his home after he was indicted, without obtaining a waiver of the right to counsel. Butler did not waive his Sixth Amendment right to counsel; he was never advised of his right.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n<p>3. Would it have been necessary for police to administer warnings and obtain a waiver had police interviewed Butler in home before he was indicted?<\/p>\n\n\n\n<div data-wp-context=\"{ &quot;autoclose&quot;: false, &quot;accordionItems&quot;: [] }\" data-wp-interactive=\"core\/accordion\" role=\"group\" class=\"wp-block-accordion is-layout-flow wp-block-accordion-is-layout-flow\">\n<div data-wp-class--is-open=\"state.isOpen\" data-wp-context=\"{ &quot;id&quot;: &quot;accordion-item-8&quot;, &quot;openByDefault&quot;: false }\" data-wp-init=\"callbacks.initAccordionItems\" data-wp-on-window--hashchange=\"callbacks.hashChange\" class=\"wp-block-accordion-item is-layout-flow wp-block-accordion-item-is-layout-flow\">\n<h3 class=\"wp-block-accordion-heading\"><button aria-expanded=\"false\" aria-controls=\"accordion-item-8-panel\" data-wp-bind--aria-expanded=\"state.isOpen\" data-wp-on--click=\"actions.toggle\" data-wp-on--keydown=\"actions.handleKeyDown\" id=\"accordion-item-8\" type=\"button\" class=\"wp-block-accordion-heading__toggle\"><span class=\"wp-block-accordion-heading__toggle-title\">Answer<\/span><span class=\"wp-block-accordion-heading__toggle-icon\" aria-hidden=\"true\">+<\/span><\/button><\/h3>\n\n\n\n<div inert aria-labelledby=\"accordion-item-8\" data-wp-bind--inert=\"!state.isOpen\" id=\"accordion-item-8-panel\" role=\"region\" class=\"wp-block-accordion-panel is-layout-flow wp-block-accordion-panel-is-layout-flow\">\n<p>No. The only protection for the right to counsel before formal charges are lodged is the <em>Miranda<\/em> rule. <em>Miranda <\/em>protection exists only during custodial interrogations. Butler was not in custody when was questioned in his home. The questioning was in a relaxed environment, he was not handcuffed or physically restrained, and the tone of the questioning was not overbearing. Since Butler was not in custody, he would not have been entitled to <em>Miranda <\/em>warnings had he been questioned in his home before his indictment.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n<p>4. Butler\u2019s confession cannot be used to prove the prosecution\u2019s case at the trial. Can it be used for any purpose?<\/p>\n\n\n\n<div data-wp-context=\"{ &quot;autoclose&quot;: false, &quot;accordionItems&quot;: [] }\" data-wp-interactive=\"core\/accordion\" role=\"group\" class=\"wp-block-accordion is-layout-flow wp-block-accordion-is-layout-flow\">\n<div data-wp-class--is-open=\"state.isOpen\" data-wp-context=\"{ &quot;id&quot;: &quot;accordion-item-9&quot;, &quot;openByDefault&quot;: false }\" data-wp-init=\"callbacks.initAccordionItems\" data-wp-on-window--hashchange=\"callbacks.hashChange\" class=\"wp-block-accordion-item is-layout-flow wp-block-accordion-item-is-layout-flow\">\n<h3 class=\"wp-block-accordion-heading\"><button aria-expanded=\"false\" aria-controls=\"accordion-item-9-panel\" data-wp-bind--aria-expanded=\"state.isOpen\" data-wp-on--click=\"actions.toggle\" data-wp-on--keydown=\"actions.handleKeyDown\" id=\"accordion-item-9\" type=\"button\" class=\"wp-block-accordion-heading__toggle\"><span class=\"wp-block-accordion-heading__toggle-title\">Answer<\/span><span class=\"wp-block-accordion-heading__toggle-icon\" aria-hidden=\"true\">+<\/span><\/button><\/h3>\n\n\n\n<div inert aria-labelledby=\"accordion-item-9\" data-wp-bind--inert=\"!state.isOpen\" id=\"accordion-item-9-panel\" role=\"region\" class=\"wp-block-accordion-panel is-layout-flow wp-block-accordion-panel-is-layout-flow\">\n<p>Yes. Inadmissible confessions can be used to impeach a defendant\u2019s credibility, but only if: (1) the defendant takes the stand and testifies on his own behalf; (2) the defendant tells the jurors a different story than the one he told to the police; and (3) the confession was freely and voluntarily given. When an inadmissible confession is used for impeachment, the jury will be told that they cannot consider the confession as evidence of guilt. They may consider it only for the sake of evaluating whether Butler\u2019s testimony at the trial is trustworthy. Other evidence will be needed to establish that Butler committed the murder, and if other evidence is not available, Butler will go free.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Case Study 1 Police were dispatched to an apartment \u201cto assist an elderly woman who was hurt.\u201d When they arrived, they found an elderly woman in the kitchen lying in a pool of blood. They check her pulse. She was dead. They immediately began a sweep of the apartment. With their guns drawn, they searched&hellip;<\/p>\n","protected":false},"author":26,"featured_media":0,"parent":338,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-372","page","type-page","status-publish","hentry"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/routledgelearning.com\/constitutionallawforcriminaljustice\/wp-json\/wp\/v2\/pages\/372","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/routledgelearning.com\/constitutionallawforcriminaljustice\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/routledgelearning.com\/constitutionallawforcriminaljustice\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/routledgelearning.com\/constitutionallawforcriminaljustice\/wp-json\/wp\/v2\/users\/26"}],"replies":[{"embeddable":true,"href":"https:\/\/routledgelearning.com\/constitutionallawforcriminaljustice\/wp-json\/wp\/v2\/comments?post=372"}],"version-history":[{"count":2,"href":"https:\/\/routledgelearning.com\/constitutionallawforcriminaljustice\/wp-json\/wp\/v2\/pages\/372\/revisions"}],"predecessor-version":[{"id":389,"href":"https:\/\/routledgelearning.com\/constitutionallawforcriminaljustice\/wp-json\/wp\/v2\/pages\/372\/revisions\/389"}],"up":[{"embeddable":true,"href":"https:\/\/routledgelearning.com\/constitutionallawforcriminaljustice\/wp-json\/wp\/v2\/pages\/338"}],"wp:attachment":[{"href":"https:\/\/routledgelearning.com\/constitutionallawforcriminaljustice\/wp-json\/wp\/v2\/media?parent=372"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}