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MMLU / A defendant was a senior pre-med student at a state university. Before a big…

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question

A defendant was a senior pre-med student at a state university. Before a big football game with their arch rival, the defendant attended a pep rally at the university football field. During the pep rally, the students drank beer, sang songs, and gave members of the football team fervent cheers. After the rally ended, the defendant was walking toward his car when he felt the need to relieve himself. He then strutted across the street to a municipal park and urinated against a tree. In this jurisdiction, urinating in public is a misdemeanor. Unknown to the defendant, a parking enforcement officer who was ticketing cars in the area witnessed the incident and wrote down the license number of the defendant's vehicle as he drove off. She immediately gave the information to the police who did a check and learned the defendant's identity and home address. Within an hour, the police went to the defendant's house and forcibly entered the dwelling without a search warrant. While searching his home, they found the defendant studying in an upstairs bedroom. After giving him his Miranda warnings, the defendant confessed to the crime. The defendant was thereafter prosecuted for the misdemeanor of urinating in public. If the defendant moves to suppress evidence of the statement that he made to the police when he was apprehended, the motion should be

choices

  1. denied, because the defendant received Miranda warnings and was not compelled to incriminate himself.
  2. denied, because the defendant volunteered the confession.
  3. sustained, because the police lacked probable cause to search the defendant's home.
  4. sustained, because the defendant's statement was the product of a warrantless entry of his home.

subject

professional_law

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