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Author Topic: Criminal procedure question  (Read 343 times)

dandlewood

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Criminal procedure question
« on: July 16, 2007, 04:21:25 PM »
Hey guys, just took my exam and...well... you know how it is. All about second guessing yourself.  Anyway, here's my question:

In our exam we had a question which had to do with whether the officers statement was a functional equivalent of an interrogation.

In his affidavit he says(and I'm paraphrasing):

The guy said to me, "this is for a traffic violation? phew, I thought it was about the girl I raped!"  I said, "huh? I couldn't hear you over the sound of the horns" then he said, "you know, the school teacher." I had no idea what he was talking about, so I put him in the car and took him to the station.

I asked the professor whether the officer actually heard the guy in the first place or whether he legitimately didn't know what he said.  He said it was the latter and that he put it all together later.

Because my prof told me that, I went with the answer that it wasn't an interrogation since the officer didn't know what the guy was talking about and his only question was in regards to something he said which the officer didn't hear. 

Anyone have any input? I think I'm right, but I'd love to hear your thoughts


PS: No, this is not a take home exam which I'm looking for answers for, so don't worry about ethical violations in posting answers.
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Jumboshrimps

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Re: Criminal procedure question
« Reply #1 on: July 16, 2007, 04:36:32 PM »
It was very nice of your professor to clear up that little ambiguity for you. ::)


dandlewood

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Re: Criminal procedure question
« Reply #2 on: July 16, 2007, 04:39:45 PM »
well, I think he had to.  If it's in the officers affidavit that the guy said "X" then unless he put it together later any following question would be a functional equivalent. Which is what I decided till I asked him and then he said, "oh, nice catch, you're a better editor than I am."

I'm still paranoid, since I talked to 5 or 6 people post exam and most of them put that it was Func. Equiv.
Made: St Thomas, Florida Coastal
Kiss of Death:Miami, American, Rutgers, Villanova
Paying back the Loan Shark:
Pending: Nova, Widener, Temple, Florida State, Howard, Drexel, Dusquesne, Penn State