Question

An LEO arrests the defendant for arson. The LEO deliberately fails to advise the defendant of her interrogation rights. She confesses. An hour later, while the defendant is still in custody, the LEO advises her of her Miranda rights. She waives and repeats her previous confession. At trial:

Answer 1

In this case, the LEO failed to advise the defendant of her Miranda rights before obtaining her confession. However, a later ruling states that a defendant can waive their right to counsel after initially asserting it. Therefore, the defendant's confession may still be admissible at trial.

Step-by-step explanation:

In the provided scenario, the LEO (Law Enforcement Officer) arrested the defendant for arson and deliberately failed to advise her of her interrogation rights. In this case, the LEO failed to advise the defendant of her Miranda rights before obtaining her confession.

However, a later ruling states that a defendant can waive their right to counsel after initially asserting it. Therefore, the defendant's confession may still be admissible at trial.

The defendant later confessed after being informed of her Miranda rights and waiving them. At trial, it is important to consider the ruling in Miranda v. Arizona, which established the requirement of police officers to inform suspects of their rights before interrogation.

However, in a later case, Montejo v. Louisiana, the court ruled that a defendant can waive their right to counsel during police interrogation even after asserting their right at an earlier stage in the process.