This question should be answered in CREA format (Conclusion, Rule, Explanation, Application). Please include all relevant keywords, terms, and phrases when discussing each topic.
Police officer Parker went to Duke’s house and placed him under arrest for operating an auto theft ring. As Duke was being arrested, he told his wife, “You had better call our lawyer; I don’t want to sign anything unless she’s with me.” Duke was given Miranda warnings on the way to the police station. Meanwhile, Lindsay, Duke’s lawyer, called the station and told the desk sergeant that she was on her way and to have Duke call her as soon as he arrived.
The sergeant assured her that Duke would be held without questioning for several hours until the district attorney arrived. When Duke arrived at the station, Parker and another officer immediately put Duke in an interrogation room, gave him his Miranda rights again, and questioned him about a bank robbery that had taken place two days ago.
They did not inform him of the call from his lawyer, but he agreed to talk as long as he did not have to put anything in writing or sign anything without her okay. He made incriminating statements about the robbery, and he was eventually indicted for that crime as well.
At a preliminary hearing on the robbery charge, Duke’s lawyer moved to suppress Parker’s testimony about Duke’s statements.
NotepadClick anywhere in notepad to add a note
Consider that while Duke had been read his Miranda rights in the interrogation room, he agreed to give statements about the crime anyway. Next, consider that Duke did not know that his attorney had called when he made the statements.