Will Eric's statement to Officer Franklin be admissible

Question

Quizplus · Accepted Answer

Eric was in custody when he was questioned by Officer Franklin, and there is no indication that he had waived his Miranda rights. Therefore, his statement to the officer is unlikely to be admissible in court. Choice A is incorrect because while there is an exception for statements made at booking, this exception still requires a knowing and voluntary waiver of Miranda rights. Choice B is incorrect because while voluntary statements may be admissible under Berghuis v. Thompkins, this case law does not preclude the need for a Miranda waiver. Choice D is incorrect because the question need not pertain specifically to the charges for the statement to be admissible; rather, the issue is whether Miranda rights were properly invoked and waived.

Will Eric's Statement to Officer Franklin Be Admissible