This question should be answered in CREA format (Conclusion, Rule, Explanation, Application). Please include all relevant keywords, terms, and phrases when discussing each topic.
Rice was suspected of having burglarized his co-worker, Marx’s, condo. Marx reported that his condo had been turned upside down and several items of jewelry had been stolen. During the course of their investigation, two police detectives went to The Hamburger Hut, where Rice worked, to interview him. After advising him of his Miranda rights, Rice requested permission to call his attorney. Although his attorney was unavailable, the attorney’s associate admonished him not to say anything, Rice told the detectives he would have nothing further to say unless his attorney was present. The detectives then asked him if he would accompany them to the police station to answer some questions about an unrelated theft incident. Rice agreed.
As they were driving to the police station, he was asked where he had purchased the necklace that he was wearing. He refused to answer. When they arrived at the police station, the detectives requested that he sign a waiver of his right to counsel. Rice replied that he would not sign anything in the absence of his attorney. He was then placed in an interrogation room. Shortly thereafter, he was told that he could leave if he would be willing to say where he purchased his necklace. Rice admitted that he bought the necklace and some rings from Stamos. From this information, the detectives obtained a search warrant and went to Rice’s home where they found the stolen jewelry.
Rice is charged with burglarizing Marx’s apartment. Rice’s attorney challenges the validity of the search warrant and moves that all evidence found should be suppressed.
The court should
NotepadClick anywhere in notepad to add a note
Note that the warrant executed on Rice’s home was obtained based on the statements he gave to police in the interrogation room. Consider whether Rice was entitled to another Miranda warning before he volunteered the information about the necklace and rings he purchased from Stamos.