Question

Manny was arrested as the main suspect in a murder investigation. Manny was brought into an interrogation room, but was not read his Miranda rights. A police officer asked Manny, “Where were you on the night of May 2?” Manny proceeded to confess to the murder, detailing the time and location of the murder and the use of a knife as a murder weapon.

The officer immediately left the room, and he then realized that he accidentally forgot to read Manny his Miranda rights. He reported his mistake to the chief, who decided to place Manny in a holding cell.

Two hours later, Manny was brought back into the interrogation room where he was questioned by a different officer. Prior to questioning, this officer properly read Manny his Miranda rights.

Manny stated that he understood his rights and repeated his confession about the time and location of the murder but did not mention the knife.

Police then went to the location and found the victim and the weapon (a knife) used in the murder next to the body. The knife was later found to have Manny's blood and fingerprints.

At his trial, Manny admitted that both of his statements were voluntarily made, but argued that they should each be suppressed, along with the murder weapon (knife) since all were the "fruit" of a Miranda violation.

Which, if any, pieces of evidence should be suppressed?

	A.	Both of the confessions and the murder weapon should be suppressed.
	B.	The first confession should be suppressed, but the second confession and the weapon should be admitted.
	C.	Both of the confessions should be suppressed, but the weapon should be admitted.
	D.	The first confession and the weapon should be suppressed, but the second confession should be admitted.

Answer 1

First let us understood what is miranda rights . it is a type of warning to the criminal by the police that they can be silent during interrogation . that is they can refuse to answer questions, these rights are often called as miranda rights.

Here the correct option should be option (B) .

Since in the first confession there was a miranda violation hence the first confession should be suppressed. But in the second confession Manny stated that he understood his rights . hence in this case there should not be any miranda violation ! hence the second confession should be admitted.

now according to the first confesion he mentioned about the weapon. and since first confession is suppressed , the weapon should not be admitted . BUT The knife was later found to have Manny's blood and fingerprints. which clearly shows that the weapon should also be admitted . It should not be suppressed. And it can be a strong evidence !

Thank you.