Question

You arrest a defendant for larceny. You do not immediately interrogate the defendant but instead, take her to the magistrate. The magistrate sets a $1000.00 bond which the defendant cannot post, so she is returned to jail. You then approach the defendant to discuss the larceny. You read the Miranda warnings to the suspect and she waives her rights. The subsequent confession will be:

Answer 1

The confession given by the defendant after being advised of Miranda rights and waiving them is likely admissible in court provided that the waiver was voluntary, knowledgeable, and intelligent as per Miranda v. Arizona and Montejo v. Louisiana precedent.

Step-by-step explanation:

The question pertains to the admissibility of a confession obtained after reading Miranda warnings to the defendant and the defendant's subsequent waiver of those rights. According to the precedent set by Miranda v. Arizona, a confession made by a suspect in custody is admissible in court only if the suspect has been informed of their rights and has voluntarily waived them. Additionally, the case Montejo v. Louisiana reaffirmed that a defendant can waive their right to counsel even after initially asserting it at an arraignment.

In this scenario, after the defendant was taken to the magistrate and could not post the specified bond amount, the police officer initiated an interrogation by properly advising the defendant of the Miranda rights. The defendant then knowingly waived those rights and confessed. Under current law, as long as the waiver was made voluntarily, knowingly, and intelligently, the subsequent confession would likely be considered admissible in court.