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Identify and discuss a minimum of three interrogation issues in this scenario. Why are these issues? Be sure to use legal reasoning in your response and bring in resources and applicable case law to support your thoughts.
Was the questioning of Kyle legal? Why or why not? Be sure to use legal reasoning in your response and bring in resources and applicable case law to support your thoughts.
Kyle has a volatile relationship with his current girlfriend Claire. They have had two other instances of domestic violence, which Claire has not reported to the police. On this particular evening, Kyle is at Claire’s house. While there, Kyle loses his temper with Claire because of Claire’s small dog. Kyle ends up choking Claire with his hands and punching her in the stomach but is careful not to leave any bruising. Within a few minutes Kyle gets control of himself and apologizes to Claire. Claire is fearful but does not call the police.
About an hour later, Kyle decides goes to the local Starbucks to get a coffee. He profusely apologizes to Claire for his behavior and asks if she wants anything. Claire replies, “no thank you”. Kyle leaves and immediately thereafter, Claire calls 9-1-1 to report the incident and says, “I’m tired of being a punching bag, this is the third time my boyfriend has hit me. I want him arrested”. Two officers are dispatched to Claire’s home.
Unseen by Claire, Officer Hudson arrives and parks on the south side of the driveway near the side door of the house. As Hudson is getting out of the police car, Kyle pulls up. Officer Hudson has all the details of the complaint relayed to dispatch. Kyle innocently asks the officer if there’s a problem. Officer Hudson deflects the question but says a neighbor called on a possible disturbance. Kyle admits to a disagreement with his girlfriend and invites the officer inside (through the side door) so they can talk to Claire. As they walk in the house, the second officer arrives and parks. Claire walks out the front door to speak with that officer. Kyle suggests they all talk to the other officer. Officer Hudson advises Kyle to stay on the porch while he talks to the other officer.
Shortly thereafter, Officer Hudson arrests Kyle for assault/domestic violence, handcuffs him and places him in the police car. On his way to the police department, Officer Hudson asks Kyle for his full name, date of birth, residential address, and if he has ever been arrested. Kyle provides all the information.
Once at HQ, Kyle is placed in a holding cell. After about 30 minutes, Officer Hudson advises Kyle of his Miranda rights and wants to question him about the incident. Kyle tells Officer Hudson that he wants an attorney. Officer Hudson ends his questioning immediately.
About four hours later two detectives are assigned the case. They go to the jail and want to talk to Kyle about the incident. Before they ask him any questions, they advise Kyle of his Miranda rights (on a written form). Kyle agrees to talk to the detectives and eventually confesses to the assault after about 30 minutes.
THESE ARE SUPORTIVE LINKS
https://www.law.cornell.edu/constitution-conan/amendment-5/right-to-due-process-overview
https://www.law.cornell.edu/constitution-conan/amendment-5/self-incrimination-and-the-concept-of-immunity
https://www.law.cornell.edu/constitution-conan/amendment-5/miranda-and-its-aftermath
https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona
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