A 19-year-old student, Sally, hasbeen arrested by the police for possession of a small amount of marijuana while driving home from a college party. Assume that the police officer had probable cause to stop Sallyfor drunk driving. During the search of Sally’spockets incident to herarrest, the police find an unregistered handgun, a bag of prescription drugs issued to a woman named “Judy O’Heary, aged 74,” and $5,000 in cash in her car.
When the police confronts herwith these items, shesays, “I need those pills because of my back pain. And, I have no idea where that gun came from.” The police officer then asks herwhy you need more than 350 tablets of painkillers, and shestates, “You have no idea how bad my back hurts.”
Based on herstatements about the pills, the police charge herwith intent to sell and distribute prescription drugs. Attrial, herattorney makes a motion to suppress the admission of thestatements,arguing in relevant part that shemade the statement without being given herMiranda rights. In response, the police argue that shemade statements voluntarily and not under duress.
If your last name starts with A – F, you will answeras the defense attorney (my name ends in B)
How do you think that the judge will rule on thismotion to suppress? Does it matter that shewasalready under arrest at the time of herstatements?
Please use your acting skills and stay in your role as you answer these questions. Be sure to provide detailed answers based on the facts and supported by the current case law. Have fun!
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