Art was pulled over to the side of the road and was informed…
Questions
Art wаs pulled оver tо the side оf the roаd аnd was informed by Officer Johnson that he was driving erratically. The officer queried whether Art was drunk driving. Art responded, “No, I haven’t had anything to drink while I’ve been driving.” Art failed a breathalyzer test and was taken to the county jail. While this was transpiring, a police radio dispatcher had sent out a general alert that a drunk driver had struck a pedestrian in a crosswalk. The accident happened just a few blocks down the road from where Art had been arrested. Officer Kennedy arrived on the scene and interviewed Ben, who had witnessed the accident. Ben got a quick glance of the driver and described him as a blonde male who wore glasses. The next day, Art was placed behind a one-way glass window where Ben identified Art as the driver of the car that had struck the pedestrian. Art is a blonde male who wears glasses. Art was then transferred to an interrogation room where Officer Johnson administered Miranda warnings as follows: Since you’re in custody, before I can even talk to you I have to do the formal little rights things, okay? So, You have the right to remain silent. If you give up the right to remain silent, anything you say can be used against you in court. You have the right to talk to a lawyer before answering any of our questions. If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning. You have the right to use any of these rights at any time you want during this interview. Art immediately responded to Officer Johnson that “I aint saying nothing.” Officer Johnson then immediately ended the encounter with Art, but as he was about to leave the interrogation room, Art asked him, “so what’s going to happen to me now?” Officer Johnson then reminded Art that he did not have to talk to him but Art persisted in his inquiry and in the process made several incriminating statements. Discuss all legal issues regarding (a) the admissibility of Art’s statement to Officer Johnson at the side of the road; (b) the identification of Art by Ben; (c) the adequacy of the Miranda warnings; (d) the legal significance of Art’s refusal to say anything; & (e) the admissibility of Art’s incriminating statements to Officer Johnson in the interrogation room.
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