Robert Ali Cohen had been arrested by federal authorities for illegally importing elephant tusks into the United States in violation of a federal law and a federal treaty making such importation punishable by a term of years in federal custody

Question

Federal police read the Miranda warnings to Robert Ali Cohen and he seemed to understand but police realized that he was a bit mentally slow. He did not ask for an attorney and was willing to and did speak to federal police. His sister, Zona Ali Cohen was the mastermind of the elephant tusk smuggling operation and heard that her brother had been arrested. She hired an attorney to represent Robert Ali Cohen. When Robert Ali Cohen's attorney arrived at the jail, the federal police would not allow the hired attorney to speak with Robert Ali Cohen. The federal police conduct has
A) violated Robert Ali Cohen's right to counsel guaranteed under Miranda since he had an attorney and the federal police did not allow the attorney to consult with Robert Ali Cohen.
B) violated the Miranda warnings because Robert Ali Cohen appears to have been mentally slow and the police took advantage of his defect.
C) not violated Robert Ali Cohen's right to counsel guaranteed under Miranda since the right to counsel under Miranda is personal to the arrestee and does not belong to a friend or relative.
D) violated the Miranda warnings because the federal police did not furnish Robert Ali Cohen with legal counsel prior to interrogating Cohen.
E) none of the above statements is a correct response.

Answer 1

C