Argumentative Analysis: The Miranda Warning

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This a great question and I believe you have to break the scenario down to determine when the "Miranda Warning" should have been used. The first sentence states, "while on patrol, Officer Norman heard a scream from the backyard of a house." Officer Norman is performing his duties and hears a scream from behind a house. This event happened within the normal scope of his duties. The second sentence states, "the officer proceeded to the back of the house, where he observed two people, a badly beaten victim and a young man (Tom) standing over her." After hearing the scream, Officer Norman responds to the back of the house to investigate the scream. Officer Norman is still within the scope of his duties. The next sentence states, "shocked by the sight of the victim, …show more content…

The next couple of sentences is where Officer Norman should have read the "Miranda Warning." Tom responded, “I killed her and threw the baseball bat over the fence.” Officer Norman is still correct here because he is trying to determine if there has being a crime committed. Officer Norman restrained the young man, called for an ambulance, and retrieved the bat. In my opinion, I believe Officer Norman did exactly what he should have and there is no violation of the "Miranda Right." The next sentence is where Officer Norman violates the "Miranda Rights." While waiting for the ambulance to arrive, Officer Norman asked the young man what his motive was for injuring the woman. Since Tom is under arrest, Officer Norman is questioning him about the crime which will implement him thus violation Tom's "Miranda Rights." As for the motion to suppress the statement, Tom made about killing her and throwing the bat over the fence, this statement should not be suppressed. According to the reading, in regards to discovery and investigation of criminal activity, there are two ways an officer learns of a crime discover it themselves or a citizen reports the

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