Scenario 1: Creation of a Department Miranda Waiver Form

Your captain has asked you to write the department Miranda waiver form to be used and signed by all persons who have been read their Miranda rights, whether they have waived them or not. 

Prepare a form using all of the required rights and questions. Remember to account for persons who waive some of their rights and invoke others. Signature and/or initial blanks should be made available for the officer, the translators, and the suspect.

Scenario 2:  Address the question after the scenario

Late one night, a highway patrol officer observes a car with its right tail light out. She follows the car, which is traveling very slowly, and after a mile or so pulls it over. As the officer approaches the car, she observes a driver and passenger; as she nears the driveràside window, she smells marijuana smoke. The driveràreactions are very slow, and both driver and passenger appear to be in an advanced stage of intoxication. The officer orders them out of the car and, after confirming that both are seriously physically impaired, she orders them into the back of the cruiser. The officer calls for backup to secure the car and, after the suspectàcar has been impounded, the officer drives off toward the station. Along the way, the passenger perks up enough to yell at the driver, an, why you throw that joint out of the window? I paid $20 for that. pon making the statement, the passenger seems to fade out. 

Does the officer have to stop and read the two suspects their Miranda warnings?  Why or why not?  Justify your response.

Would the statement be admissible in court? Why or why not?  Justify your response.

Scenario 3:  Respond to the question at the end of the scenario. 

A police officer arrived at the scene of a gang initiation party to find one of the inductees stabbed several times as part of his test for membership. The inductee had lost a lot of blood and was near unconsciousness. When the officer asked the wounded man who stabbed him, the man replied, ¡by Killer,! rival gang member. The victim recovered but could not be found and called as a witness at Baby Killeràcriminal trial. At the trial, the prosecutor calls the police officer to testify to the victimàstatement as a dying declaration. 

Can the statement be admitted? Explain why or why not?  Justify your response.