This assignment focuses on a suspect’s rights at the point of arrest and questioning before or after he or she is arrested.
Centervale Police Officer Michael James is questioning a suspect. When the suspect asks whether he can leave, Officer James tells him that he cannot leave and continues questioning without informing the subject of his rights.
On the basis of this scenario, answer the following questions:
- When does the court assume a subject to be under arrest?
- What is the difference between an interview and an interrogation?
- What rights does a subject have, and where do these rights come into play?
- When should a subject always be told of his or her Miranda rights?
- Under the circumstances described, will the information obtained by Officer James, after telling the subject that he is not free to leave, be ruled by the court to be inadmissible?