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After Eric Was Booked for Driving Under the Influence of Marijuana

Question 7

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After Eric was booked for driving under the influence of marijuana he was placed in an interrogation room. Officer Franklin gave him a form with the Miranda warnings on it. He told Eric to read it and sign at the bottom. Officer Franklin began questioning Eric as soon as he had signed the form. Officer Franklin: "Ok, Eric, I want you to tell me where you got the marijuana you were smoking tonight." Eric: "Hey, you can't ask me about that! I was arraigned yesterday!" Officer Franklin: "You got it wrong. You were just arrested. Yesterday in court doesn't count on this new charge." Eric: "Well, George said to never, ever talk to you!" Officer Franklin: "Who is George?" Eric: "The guy I get my marijuana from. Now get out of here, I got nothing to say to you." Officer Franklin left the room. Two hours later Officer Hill entered the room. Officer Hill: "Hi, Eric. I've got a couple of questions for you. Not about that stuff Officer Franklin was talking about. But where did you get that red car that you were driving when Officer Davis stopped you? Eric: "Neat car, huh?" Officer Hill: "Yes, neat car, but where'd you get it?" Eric: "Some sweet little old lady gave it to me." Officer Hill: "Talk sense. She didn't give it to you, you put a gun in her face and she fainted." Eric: "Aw, come on. She would have fainted even if I didn't have a gun!" Assume for this question that Eric received a valid set of Miranda warnings : Is Eric's statement to Officer Franklin that George supplied marijuana admissible in court?


A) Yes, the right to counsel that attaches at arraignment only applies to the charges that the defendant was arraigned on.
B) Yes, a suspect does not have the right to have counsel present when questioned about charges that have not been file.
C) No, once a person has been arraigned an attorney must be present during questioning by the police.
D) No, once charges are filed the police are not allowed to interrogate the defendant.

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