Question

You arrest a defendant for robbery. In response to the Miranda warning, the defendant refuses to answer questions, saying, "I don't feel like talking to y'all." At no point does the defendant ask for an attorney. Three hours later, while the defendant is still in continuous custody, a different LEO wants to question defendant about an arson unrelated to the robbery. The second officer:

Answer 1

The defendant exercises their right to remain silent but does not explicitly ask for an attorney in response to the Miranda warning. The second officer should not question the defendant about an unrelated case without a waiver or the presence of an attorney.

Step-by-step explanation:

In this scenario, the defendant primarily exercises their Miranda right to remain silent. The Miranda warning, established by the Supreme Court in Miranda v. Arizona, states that suspects must be informed of their right to remain silent and their right to an attorney. Although the defendant did not explicitly ask for an attorney, their refusal to answer questions indicates their desire to exercise their right to remain silent.

The second officer, who wants to question the defendant about an unrelated arson case, should not proceed with the interrogation without obtaining a waiver of Miranda rights or the presence of an attorney. Since the defendant is still in continuous custody and has asserted their right to remain silent, the second officer must respect that right.