Let’s assume that an appellate court throws out the confession because Billy was not read his Miranda rights. The gun and any DNA evidence found next to the dead body could be considered:

Billy is in an interrogation room at a police station. He was brought there after being
arrested on suspicion of DUI. He was not read his Miranda rights on the side of the road
when he was taken into custody and was not read his Miranda rights upon arriving at the
station either. The detective who enters the interrogation room is unaware of this
information and begins questioning Billy about his whereabouts that evening. Billy
mentions that he was at a bar called “The Floating Walrus.” This piques the detectives
interest, because a woman last seen at that bar has been reported missing. When the
detective mentions her name, Billy breaks down crying and asks for forgiveness. Billy then
says her body is in a wooded area about 250 feet behind the bar. The detective leaves the
station, heads to that area, and finds the woman’s body; she is dead from a gunshot wound.
A gun registered to Billy is lying next to her.

a. Valid evidence derived from a custodial interrogation
b. Fruit of the Poisonous Tree
c. Valid evidence derived from a reasonable suspicion search
d. Admissible in a DUI trial only


Answer: B

Criminal Justice

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An example of an argumentative question that is objectionable by the opposing attorney is:

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Fill in the blank(s) with the appropriate word(s).

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