After Eric Was Booked for Driving Under the Influence of Marijuana

question 37

Multiple Choice

After Eric was booked for driving under the influence of marijuana he was placed in an interrogation room. Officer Franklin gave him a form with the Miranda warnings on it. He told Eric to read it and sign at the bottom. Officer Franklin began questioning Eric as soon as he had signed the form. Officer Franklin: "Ok, Eric, I want you to tell me where you got the marijuana you were smoking tonight." Eric: "Hey, you can't ask me about that! I was arraigned yesterday!" Officer Franklin: "You got it wrong. You were just arrested. Yesterday in court doesn't count on this new charge." Eric: "Well, George said to never, ever talk to you!" Officer Franklin: "Who is George?" Eric: "The guy I get my marijuana from. Now get out of here, I got nothing to say to you." Officer Franklin left the room. Two hours later Officer Hill entered the room. Officer Hill: "Hi, Eric. I've got a couple of questions for you. Not about that stuff Officer Franklin was talking about. But where did you get that red car that you were driving when Officer Davis stopped you? Eric: "Neat car, huh?" Officer Hill: "Yes, neat car, but where'd you get it?" Eric: "Some sweet little old lady gave it to me." Officer Hill: "Talk sense. She didn't give it to you, you put a gun in her face and she fainted." Eric: "Aw, come on. She would have fainted even if I didn't have a gun!" Assume for this question that Eric invoked the right to remain silent when he told Officer Franklin to "Get out of here!" : Will Eric's statement to Officer Hill about the carjacking be admissible in court?

• A) Yes, statements are admissible if the questioning stopped and there is a two hour period before questioning resumes.
• B) Yes, the questions related to a different crime than the one being discussed when Eric invoked his right to remain silent.
• C) No, the time between sessions was sufficient but Officer Hill did not obtain a Miranda waiver.
• D) No, once a suspect invokes the right to remain silent the police are not allowed to question the person again.

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