Application of Legal Opinion

Where applicable make sure that you include the rule of law that justifies your explanation.    Make sure you answer the questions asked! Full credit is reserved for students demonstrating superior support through the application of legal opinion.  Mustard, Plum, Green, and White were suspected of stealing firearms. A month later, arrest warrants were issued for each, and the police took them into custody. Each was placed in separate police cars and transported back to the station. None had were advised of their Miranda warnings.   On the way, the officer transporting Mustard turns around to him and says, “You know, it sure would be too bad if young children find the firearms and accidentally shoot themselves. I bet God would punish the people responsible for the deaths of innocent children”. At this point, Mustard said, “I did it. I know where you can find the guns”, and led the officer to a storm drain where guns were found.   Meanwhile, the two officers transporting Plum to the station were engaged in conversation within ear-shot of Plum. One officer said to the other officer, “You know, it sure would be too bad if young children find the firearms and accidentally shoot themselves. I bet God would punish the people responsible for the deaths of innocent children”. At this point, Plum said, “I did it. I know where you can find the guns”, and led the officers to a dumpster where guns were found.   Meanwhile, the officer transporting Green turns around to him and says, “You know, it sure would be too bad if young children find the firearms and accidentally shoot themselves. I bet God would punish the people responsible for the deaths of innocent children”. Green admits to being part in a conspiracy to steal guns. The officer knew Green was not Mirandized and felt it would be easier to get a confession out of him if she strategically engaged in this two-step interrogation process. Upon arrival at the station, the officer advised Green of his Miranda warnings. Green knowingly, intelligently, and voluntarily waives his rights and provides the officer with a verbal confession.   Meanwhile, the officer transporting White to the station advises her of her Miranda warnings, at which point White indicates she would like to speak with an attorney. The officer says, “that’s fine, but the suspect who cooperates first will get the best deal at trial”. White then changes her mind. The officer asks her, “did you steal firearms?”, and White says “I did it. I know where you can find the guns”, and led the officer to an alley where guns were found.   Mustard, Plum, Green, and White are contesting the admissibility of their respective 1) confessions and 2) the admissibility of the guns.   How should the trial court rule on the admissibility of the confessions in each case? Why? Be certain to fully explain the rationale for admitting or excluding the evidence in each case.

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