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MMLU / A defendant was arrested one morning by a police officer for the attempted…

Problem

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question

A defendant was arrested one morning by a police officer for the attempted murder of the victim. The defendant had allegedly fired three shots at the victim, a physical education teacher, in the schoolyard of an elementary school. Immediately after the arrest, the arresting officer advised the defendant of his Miranda rights. The defendant responded that he would not make any statement until he consulted his attorney. Within minutes, a patrol car arrived and the defendant was taken into the car to be transported to the police station. The arresting officer sat in the front, next to the driver, and the defendant sat alone in the back seat, with his hands cuffed. On the way to the station, the driver stated to the arresting officer, "I hope that the gun involved in this crime doesn't get into the hands of those small children, because one of them could be seriously injured, to say the least. " The defendant interrupted the officers and told them where to look in the schoolyard for the abandoned gun. As a result of this information, the police found the gun where the defendant said it was. What is the state's best rebuttal to the defendant's argument that the gun was illegally seized?

choices

  1. The defendant was not entitled to be re-warned of his Miranda rights in the patrol car.
  2. The defendant was not interrogated in the patrol car.
  3. The defendant waived his right to consult counsel.
  4. The seizure of the gun was not the fruit of the defendant's statement.

subject

professional_law

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