Officer Davis Was on Patrol When He Observed a Red

question 40

Multiple Choice

Officer Davis was on patrol when he observed a red car that would slow down, pull to the right side of the road, and then speed up and go over the center line. This happened three times before Officer Davis stopped the car based on reasonable suspicion that the driver was under the influence of alcohol. When Officer Davis approached, the driver rolled down his window and a plume of smoke drifted through the window. Officer Davis asked Eric, the driver, "What are you smoking?" Eric replied, "Acapulco Gold. Best marijuana ever!" Officer Davis immediately arrested Eric, handcuffed him, and placed him in the backseat of his patrol car. On the way to the station Eric started talking to Officer Davis: Eric: "Hey, can we get something to eat?" Officer Davis: "Why? You shouldn't be hungry at this hour." Eric: "Don't you know nothing? Smoking makes you hungry." Officer Davis: "One joint shouldn't make you hungry." Eric: "Well, three does." Prior to going to the station, Officer Davis stopped at the local hospital and had Eric give a urine sample that was sent to the lab for drug testing. When they arrived at the station, Officer Davis placed Eric in a holding cell while he filled out the booking form. Officer Franklin who was walking by recognized Eric. Officer Franklin said, "Aren't you the kid who stole a kilo of marijuana last week?" Eric hung his head and said, "How'd you know?" Will Eric's admission that he smoked three joints be admissible?

• A) Yes, Officer Davis was not required to give Miranda warnings before booking Eric.
• B) Yes, Eric initiated the conversation.
• C) No,  Officer Davis was using indirect questions to obtain information after Eric was in custody.
• D) No,  all statements made after arrest are inadmissible unless the person has signed a Miranda waiver form.

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Definitions:

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