Assignment Part 1: Based on our discussions about Miranda what issues of Miranda are illustrated.
Assignment Part 2: What right does it violate? I.e., right to silence, no self-incrimination, no compelled or coerced statement, etc.
Deputies arrested O'Brien at his home on a charge relating to sexual battery of a child. After being advised of his Miranda rights, O'Brien unequivocally indicated his desire to have an attorney present during questioning, and the deputy ceased any further interrogation. The defendant was placed in a patrol car. After approximately 40 minutes, a sergeant approached O'Brien as he sat in the cruiser and told the defendant that they needed information involving the crime, asking him if he wanted to "reconsider" his request for counsel, and telling O'Brien that the deputies would "appreciate it." The sergeant also informed O'Brien that "what happened is going to come out one way or another." Approximately 2 hours later, O'Brien was transported to the Sheriff's Office, where a different detective re-advised him of his Miranda warnings. This time the defendant waived his right to counsel, made incriminating statements, and informed police where he had hidden a laptop computer containing evidence. O'Brien moved to suppress his statements and the laptop, arguing that the statements were made only after police unlawfully reinitiated questioning after he invoked his Fifth Amendment right to counsel. The trial court denied the motion. O'Brien was convicted, and this appeal ensued.