Critical Thinking: Billy Is Driving Home from a Bar on a Friday

question 3

Multiple Choice

Critical Thinking:
Billy is driving home from a bar on a Friday night when he comes upon a DUI checkpoint. At the checkpoint, an officer smells alcohol on Billy's breath and asks him to step out of the car. Billy stumbles out of the car and slurs his words when asked a few basic questions about who he is and where he is going. Billy refuses to consent to a breathalyzer, but the officer does have a video camera record Billy as he is stumbling and slurring his words. Billy is arrested on suspicion of DUI and taken to the police station. At the station, a sample of Billy's blood is taken. Although Billy does not consent to this, he is too drunk to put up much resistance. At his trial, officers play a video of Billy slurring his words and also introduce the blood evidence. He is convicted of DUI.
-Billy was not read his Miranda Rights prior to being asked some basic questions on the side of the road. Yet, a video tape of him slurring his words in response to the officer's questions was played at trial. If the Supreme Court were to hear an appeal based on this information, it would:

• A) rule the videotape evidence inadmissible because Miranda Rights were not given.
• B) allow the videotape into evidence because this was not a custodial interrogation requiring Miranda.
• C) rule the videotape inadmissible because a warrant was not obtained.
• D) rule the videotape inadmissible unless the checkpoint were in fact a "drug checkpoint."

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