Chat with AIExam 10: The Fifth Amendment: Obtaining Information Legally
You are a police officer trying to find a kidnap victim, who has a health problem that requires medical treatment in the next six hours for him to survive. You have located an individual who has admitted to the kidnapping but refuses to provide further information. Your partner says that you should leave the interview room, and he will "encourage" the suspect to talk. You know that your partner is trying to protect you from an allegation of violating the suspect's rights by using force and threats to compel the information from the suspect. You also know that without this action you will likely not find the kidnap victim in time. What do you do? Does your course of action conform with the law? Why or why not?
(39) 
VerifiedThe voluntariness of the confession is determined by the police conduct involved, and conduct sufficient to overcome the will of the suspect given the characteristics of the accused. In this case, the partner is obviously planning to use force to coerce the suspect to divulge information that may save the life of the victim. This would likely render the confession inadmissible at trial if the student or the partner were to disclose this information. On the other hand, the student could leave the room, to allow the partner to get the information to save the life of the victim, and then keep it a secret. If the student, instead, refuses to allow the partner to force the suspect to answer, the innocent victim may die. The student could recommend to the partner that they try some other tactic that was not unconstitutional, but the fundamental tension here, between complying with the law and saving a life, is important to address. It is also possible that the life of the victim is more important in this analysis than a successful conviction. There are many things to discuss, and it is important for the student to wrestle with all of the implications regarding action and inaction in this scenario.
In_____________________, the Court ruled that a Miranda violation does not require the suppression of the "physical fruits" of the statement, only the non-use of the actual statement.
(38) VerifiedUnited States v. Patane
If an officer forgets to read you Miranda, you cannot be charged and you are free.
(23) VerifiedFalse
The 1950s and 1960s have been called the era of the ____________ in the United States because, during that time, public sentiment demanded that government be held accountable and that the rights under the Constitution be applied equally to all.
(38) Patterson v. Illinois (1988) established that a waiver includes waiving both the right against self-incrimination and the right to counsel.
(35) On October 26, 2001, just 45 days after the horrific September 11 attacks, President George W. Bush signed the ________________________ into law.
(28) Police actions that would "shock the conscience" were found to violate due process in:
(37) ________________ is "an action by the police (or a government agent) persuading a person to commit a crime that the person would not otherwise have committed."
(33) An arrested person is in custody and must be given the Miranda warnings if he or she is to be questioned by police.
(40) The USA PATRIOT Act improves counter-terrorism efforts through all of the following, except:
(35) _______________________ is the questioning of a person by law enforcement officers after the person has been taken into custody or otherwise deprived of freedom of action in any significant way.
(26) Describe the challenge to Miranda presented in Dickerson v. United States (2000) and the Supreme Court's ruling.
(35) No Miranda warnings are required if there is no seizure of the person, as long as the police do not:
(44) Under _______________, the government has the power to take private property for public use, with the owner being paid just compensation for the property.
(29) Discuss the USA PATRIOT Act, its elements, and how it aims to improve the nation's counter-terrorism efforts.
(34) The exclusionary rule prohibits the use of confessions obtained in violation of a person's constitutional rights and confessions that are otherwise coerced for all of the following reasons, except:
(40) Unless an individual has been formally granted immunity or there are other extraordinary
circumstances, no one has to answer police questions that call for incriminating information.
(38) Explain the significance of the terms "eminent domain" and "just compensation."
(38) Under this power, the government can bring a condemnation action against a property and pay the owner fair compensation. It is, in essence, a forced sale of the property to the government.
(36) 
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