Part One: Based on our discussions about Miranda what issues of Miranda are illustrated.
Part Two: What right does it violate? I.e., right to silence, no self-incrimination, no compelled or coerced statement, etc.
Police went to Bowen's home as part of an investigation into a homicide which had occurred the night before, and for which an associate of Bowen's was in custody. Bowen voluntarily agreed to accompany the detectives to the police station. He was not handcuffed during transport. At the station, Bowen waited in a break room alone, and did not request a lawyer. He was later escorted to an interrogation room, where he was interviewed by two detectives. One of the detectives testified at the suppression hearing that Bowen was a suspect at that time. During the interview, the police obtained two recorded statements from Bowen. During the first, Bowen was not advised that he was under arrest or in custody; however, the detectives admitted at the hearing that Bowen was not going home that night. Additionally, he was never told that he was free to leave. The detectives suggested to Bowen that the victim was killed during a botched robbery in which he participated, and that it "would be so much easier" if he provided information to them. Bowen continued to provide responses and was confronted with the fact that his friend was in custody. At one point during the first statement, Bowen stated "straight up...I need a lawyer." The interview continued, and Bowen eventually admitted to being at the scene, but denied involvement in the murder. At the conclusion of the first statement, he was placed under arrest. Prior to the second statement, police read Bowen his Miranda rights, which he invoked. The trial court found that Bowen was not "in custody" until he unequivocally invoked his right to counsel during the first statement, and suppressed all statements made after that point. However, the statements made prior to that point were admitted at trial, and Bowen was convicted of first-degree murder. The defendant appealed, arguing that none of his statements should have been admitted.