ND Bar Practice Questions - North Dakota Bar Examination Exam

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A defendant gives a voluntary confession but was never given Miranda warnings. The prosecution seeks to use physical evidence (a weapon) located solely as a result of the un-Mirandized but voluntary statement. Under United States v. Patane, the physical evidence is:

Always suppressed as fruit of the poisonous tree Admissible only if the defendant later waived Miranda Admissible, because the failure to give Miranda warnings does not require suppression of nontestimonial physical fruits of a voluntary statement Suppressed unless the weapon would inevitably have been discovered

Correct Answer:

Admissible, because the failure to give Miranda warnings does not require suppression of nontestimonial physical fruits of a voluntary statement

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