Juris Doctor (JD) — Multistate Bar Examination (MBE)

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After his fiancée vanished, a man was escorted to a police station to be questioned. No Miranda warnings were issued to the man. After being questioned by a police officer for a short while, the man confessed to killing his fiancée and said that he discarded the gun he used to shoot her in a swamp several miles outside of the city. The cops spent several weeks conducting a thorough search of the marsh before discovering the gun. Murder in the first degree is the man's alleged crime. The gun will be used as evidence against the individual at trial by the prosecutor. The man makes a case for suppressing the gun throughout the trial. Will he succeed?

No, because the exclusionary rule will not serve to exclude the gun from evidence. No, pursuant to the “inevitable discovery” exception to the exclusionary rule. Yes, because the man was not given Miranda warnings. Yes, because the interrogation violated the man’s due process rights.

Correct Answer:

No, because the exclusionary rule will not serve to exclude the gun from evidence.

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