Short Essay

The Dead Presidents are a four-man gang of surfers known for robbing banks all over the west coast. Most recently, the gang robbed the First Interstate Bank of Santa Cruz, Federal agents begin a nationwide manhunt for the gang members.

Two FBI agents learn through a credible source that a man calling himself, “Nixon”, lives in a certain apartment building. The agents arrive at the apartment and knock on the door. Nixon answers and allows the two agents into his apartment. One of the officers stands by the door, while the other asks a series of questions regarding the bank robberies. After nearly eight hours of questioning, Nixon ask for a cigarette break. The officer at the door tells him that there are just a few more questions and tells him to “hang tight!” The agent continues to ask questions for another few hours, but Nixon reveals nothing. Finally, the officer says, “We’ve already captured Reagan, he’s talked, and stated that you are the ringleader. Nixon responds, “I wasn’t the ring leader, Reagan is!” The FBI agents immediately arrests Nixon.

FBI Agents have probable cause to arrest the gang member Johnson for money laundering. During a search incident to arrest but before agents read him his Miranda rights, Johnson screams out to the police, “Listen, this whole thing was Reagan’s idea!” The agents then ask Johnson for his full name, date of birth, and Social Security number, which Johnson provides.

The FBI, hot on his tail, Carter ducks into a convenient store. He spies a wanted poster with his picture. The clerk recognizes him and says, “I know you, you’re a member of The Dead Presidents gang!” Carter shoots and kills the clerk. Hearing the shots, S.W.A.T. teams storm the convenient store and capture Carter. During the search incident to arrest, the officers do not find a gun. An agent asks, “Where is the gun?” and Carter replies, “Over by the magazine rack in the comic book section.” Agents find the gun where Carter said it was. The officer then asks, “Is this the gun that you used to rob First Interstate Bank?” Carter answers, “Yes, it is.” At no time did agents read Carter his Miranda warnings.

Reagan was read his Miranda rights and was in the process of being questioned by the police at police headquarters about a bank robbery. Reagan decides that it may be in his best interest to get a lawyer. Before any questioning begins, Reagan states, “Maybe I should talk to a lawyer.” An hour later, still not having revealed any incriminating evidence, Reagan asks, “Do I need an attorney?”. Finally, after several hours and providing a full confession, Reagan says, “I want an attorney.”

Essay Questions:

? Nixon’s lawyer files a motion to suppress the statements made by Nixon before his arrest. What arguments will Nixon’s lawyer make? (10 points – hint, voluntariness)

? Johnson’s attorney files a motion to suppress the statements made by Johnson before he received Miranda warnings. What arguments will the prosecutor make to have the statements incriminating Johnson admitted? (10 points – hint, interrogation)

? Attorneys for Carter file a pretrial motion to suppress all the statements made by Carter as well as the gun discovered by police. What will the prosecutors argue to persuade the court to allow the statements and the gun to remain in evidence? (10 points – hint, none)

? Which of the following statements, if any, by Reagan would require the police to stop their questioning of Reagan until he has had time to speak to a lawyer? (10 points – hint, invoking Miranda)

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