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MMLU / A defendant was suspected of having burglarized his neighbor's apartment. The…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A defendant was suspected of having burglarized his neighbor's apartment. The neighbor reported that his apartment had been ransacked and several items of clothing had been stolen. During the course of their investigation, two police detectives went to the defendant's place of work to interview him. After being advised of his Miranda rights, the defendant requested permission to call his attorney. Although his attorney was unavailable, the attorney's receptionist admonished him not to say anything. The defendant told the detectives he would have nothing further to say unless his attorney was present. The detectives then asked him if he would accompany them to the police station to answer some questions about an unrelated robbery. The defendant agreed. As they were driving to the police station, the defendant was asked where he had purchased the boots that he was wearing. He refused to answer. When they arrived at the police station, the detectives requested that he sign a waiver of his right to counsel. The defendant replied that he would not sign anything in the absence of his attorney. He was then placed in an interrogation room. Shortly thereafter, the defendant was told he could leave if he would be willing to say where he had purchased his boots. The defendant admitted that he had bought the boots and some shirts from a friend. From this information, the detectives obtained a search warrant and went to the defendant's home where they found the stolen clothing. The defendant is charged with burglarizing the apartment. At trial, the court should

choices

  1. admit the confession because it was voluntary, and the clothing because it was obtained pursuant to a valid search warrant.
  2. suppress the confession because it was obtained in violation of his Sixth Amendment right to counsel, but admit the clothing because it was obtained pursuant to a valid search warrant.
  3. suppress the confession because the defendant failed to sign the waiver, but admit the clothing because it was obtained pursuant to a valid search warrant.
  4. suppress the confession because it was obtained in violation of his Fifth Amendment right to counsel, and the clothing because the search warrant was secured as a result of the confession.

subject

professional_law

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Source and history

task_id
cf5a3bca-5d9d-5f17-9eab-893c5a72e600
task_key
all--test--cf5a3bca-5d9d-5f17-9eab-893c5a72e600
task_revision_id
1
config / split
all / test

Official source

initial import