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Case of Driver and Police Officer Regarding Miranda Rights
Review the legal case of a driver and a police officer regarding Miranda rights.
Officer Fritz observed defendant Smith’s vehicle swerving from the middle lane to the left lane four times. Mr. Smith was asked whether he wanted to submit to a breathalyzer, to which he responded, “yes.” Mr. Smith’s results revealed that his blood alcohol content was 0.10 (the legal limit is 0.08). After taking the breathalyzer, Officer Jones read Miranda rights to Mr. Smith, upon which he responded that he wanted a lawyer. When should Mr. Smith’s Miranda rights have been read? Does the exclusionary rule apply to any facts? If so, which facts and why? What other principles might apply in this case?