Scenario 1

In this given scenario the Miranda warning was an essential before interrogating Joe. As per the given scenario, Joe was under the impression that he would be released if he gave a statement, while he was never actually given a Miranda Warning. Hence, first of all his interrogation is illegal, secondly, the statement given by Joe is inadmissible in the court and charges cannot be made based upon his statement (FindLaw, 2020).

Scenario 2

In the given scenario, when Alan and Adrian admitted to Alan driving the car, they were assisting with the investigation, instead of being interrogated. It was more of a self -confession on part of Alan, they were put under no pressure to confess the truth as they were simply asked regarding a few details. It was later figured that Alan was actually under influence and while making the arrest, Miranda Warning was read out aloud, facilitating the arrest and information regarding the rights of the one arrested to be conveyed. Technically, he was not arrested before the Miranda Rights were conveyed to him.

Scenario 3

Denyse here was severely intoxicated with marijuana as it was evident from the smell in her car and her own breath as well. The bloodshot eyes of Denyse were also an evidence of her being under influence while driving. She being unable to follow the instructions of the first police officer, made it quite clear that she was incapable of driving the car. All of the given evidences make it quite clear that there was no need for interrogation in this case. Even if no Miranda Warning was given, the arrest made was not really illegal. Despite that the statement of Denyse of confessing to taking few hits, is inadmissible in the court, the blood report and evidences then can be used to further the case against her. Hence, warning was not required here, and yes she was under custody and yes she was interrogated but by another police officer (MirandaWarning.org, 2020).

Scenario 4

Since, no interrogation took place, no questions were asked by the police, it was on part of Carlos that he himself went to the police and confessed everything beforehand, Miranda Warning was not essential. But for further interrogation, the Miranda Warning has to be read out. But, just the arrest is no grounds for the Miranda warning to be essential, although it is advised to facilitate the process of further questioning.

Scenario 5

Definitely the statements made by Meghan to her friends and family can be used against her in the court as she was never interrogated by the police neither she was under any kind of pressure of the police to confess. It was confessed by her and the statements made were her own choice, no interrogation took place. In case an individual reports the same to the police, they can arrest Meghan and then for facilitating the further interrogation, Miranda Warning can be read out aloud in her presence so that she learns her rights.

Scenario 6

In this case, the interrogation on part of police officers asking Jessica if she had any beers was wrong as she should have read out the Miranda warning before being asked the question. But, it was not essential in this case as the police officers could easily spot an intoxicated individual as her breath smelled of alcohol. An underage child drinking alcohol is something that needs to be reported then and there, since it’s a punishable offence. Hence, Miranda warning was not essential here and arrest could be made just then without the warning being read out. Another important aspect is the questioning on part of police officer was actually interrogation and the answers provided by Jessica during that time period would have been inadmissible in the court, but her intoxication test and report stating that her breath smelled of alcohol cannot be changed as they were evidence, therefore, she can be arrested without any warning (Nolo, 2020).

Scenario 7

In lieu of public safety, the Miranda rights need not be read out to an individual who is supposedly is harm to the public. As in this case, the police officer was under an impression that the juveniles had guns or some kind of weapons under their clothes, there was no need for Miranda warning to be read out. During that time, whatever information was asked from them, and the answers provided can be allowed in the court if the judge allows or can be considered to be allowed by the judge. Cesar was definitely being interrogated and yes he was in the custody although, Miranda warning was not required in this case (MirandaWarning.org, 2020).  

Bibliography

FindLaw. (2020). Miranda Warnings and Police Questioning. Retrieved July 04, 2020, from FindLaw: https://criminal.findlaw.com/criminal-rights/miranda-warnings-and-police-questioning.html

MirandaWarning.org. (2020). Miranda Rights Read During DUI Arrest. Retrieved July 04, 2020, from MirandaWarning.org: http://www.mirandawarning.org/mirandarightsreadduringduiarrest.html

MirandaWarning.org. (2020). What are the exceptions to Miranda? Retrieved July 04, 2020, from MirandaWarning.org: http://www.mirandawarning.org/exceptionstomiranda.html

Nolo. (2020). Miranda Rights: What Happens If the Police Don’t Read You Your Rights. Retrieved July 04, 2020, from Nolo: https://www.nolo.com/legal-encyclopedia/police-questioning-miranda-warnings-29930.html