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Question: Identify and discuss a minimum of three interrogation issues in this scenario. Why are these issues?

03 Oct 2022,6:14 PM

 

Identify and discuss a minimum of three interrogation issues in this scenario. Why are these issues? Be sure to use legal reasoning in your response and bring in resources and applicable case law to support your thoughts.
Was the questioning of Jake legal? Why or why not? Be sure to use legal reasoning in your response and bring in resources and applicable case law to support your thoughts.


Jake has a volatile relationship with his current girlfriend Ginger. They have had two other instances of domestic violence, which Ginger has not reported to the police. On this particular evening, Jake is at Ginger’s house. While there, Jake loses his temper with Ginger because of Ginger’s small dog. Jake ends up choking Ginger with his hands and punching her in the stomach but is careful not to leave any bruising. Within a few minutes Jake gets control of himself and apologizes to Ginger. Ginger is fearful but does not call the police.

About an hour later, Jake decides goes to the local Starbucks to get a coffee. He profusely apologizes to Ginger for his behavior and asks if she wants anything. Ginger replies, “no thank you”. Jake leaves and immediately thereafter, Ginger calls 9-1-1 to report the incident and says, “I’m tired of being a punching bag, this is the third time my boyfriend has hit me. I want him arrested”. Two officers are dispatched to Ginger’s home.

Unseen by Ginger, Officer Ross arrives and parks on the south side of the driveway near the side door of the house. As Ross is getting out of the police car, Jake pulls up. Officer Ross has all the details of the complaint relayed to dispatch. Jake innocently asks the officer if there’s a problem. Officer Ross deflects the question but says a neighbor called on a possible disturbance. Jake admits to a disagreement with his girlfriend and invites the officer inside (through the side door) so they can talk to Ginger. As they walk in the house, the second officer arrives and parks. Ginger walks out the front door to speak with that officer. Jake suggests they all talk to the other officer. Officer Ross advises Jake to stay on the porch while he talks to the other officer.

Shortly thereafter, Officer Ross arrests Jake for assault/domestic violence, handcuffs him and places him in the police car. On his way to the police department, Officer Ross asks Jake for his full name, date of birth, residential address, and if he has ever been arrested. Jake provides all the information.

Once at HQ, Jake is placed in a holding cell. After about 30 minutes, Officer Ross advises Jake of his Miranda rights and wants to question him about the incident. Jake tells Officer Ross that he wants an attorney. Officer Ross ends his questioning immediately.

About four hours later two detectives are assigned the case. They go to the jail and want to talk to Jake about the incident. Before they ask him any questions, they advise Jake of his Miranda rights (on a written form). Jake agrees to talk to the detectives and eventually confesses to the assault after about 30 minutes.

 

Expert answer

 

1. One of the interrogation issues in this scenario is whether or not Jake's girlfriend Ginger can be considered a victim. If she is considered a victim, then Jake may have violated her rights by interrogating her without a lawyer present.

 

2. Another issue is whether or not Jake was acting in self-defense when he interrogated Ginger. If he was, then his actions may be justified under the law.

 

3. Finally, there is the issue of whether or not Jake's interrogation was legal. If it was not, then any evidence obtained from it may not be admissible in court.

 

Each of these issues must be carefully considered in order to determine whether or not Jake's interrogation was legal.

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