Bar Exam (US) Criminal Procedure: Cruz was suspected of having burglarized his neighbor Alou’s a...

Question

Cruz was suspected of having burglarized his neighbor Alou's apartment. Alou 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 Cruz's place of work to interview him. After being advised of his Miranda rights, Cruz requested permission to call his attorney. Although his attorney was unavailable, the attorney's receptionist admonished him not to say anything. Cruz 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 incident. Cruz agreed.

As they were driving to the police station, he 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. Cruz replied that he would not sign anything in the absence of his attorney. He was then placed in an interrogation room. Shortly thereafter, he was told that he could leave if he would be willing to say where he purchased his boots. Cruz admitted that he bought the boots and some shirts from Sanchez. From this information, the detectives obtained a search warrant and went to Cruz's home, where they found the stolen clothing.

Cruz is charged with burglarizing Alou's apartment. At trial, the court should

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    admit both the confession because it was volunteered and the clothing because it was obtained pursuant to a valid search warrant
  2. B
    Correct Answer
    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. C
    Correct Answer
    suppress the confession because Cruz failed to sign the waiver, but admit the clothing because it was obtained pursuant to a valid search warrant
  4. D
    Correct Answer
    suppress both 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
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