Criminology

According to our given definition as well as outside definitions, a motion to suppress is a request to a judge to keep out evidence at a trial or hearing, often made when a party believes the evidence was unlawfully obtained (Motion to Suppress). In this situation, it must be asked whether or not the police officer unlawfully obtained the confession from Mr. Walker. Miranda Rights require law enforcement to advise an individual being arrested that heshe has the right to remain silent and that anything said can and will be used against you in a court of law (The Miranda Warnings 2008). In the case presented here, Mr. Walker was not being arrested when he confessed however, from the description of the scene the police officer came upon, it is pretty clear that Mr. Walker was involved in some way or another therefore making him a suspect. The police officer knows he will be bringing Mr. Walker in for questioning and should have read him his rights beforehand. Asking the question What happened provokes a response from Mr. Walker knowing full well that Mr. Walkers answer will most likely incriminate himself in some way. Mr. Walker is covered in blood and holding the knife, hes obviously done something and should immediately be taken into custody and have read his rights. Even if Mr. Walker confessed before his rights could be read, the police officer would still need to read him his rights and question him at the station.

With this in mind it would appear that the information was unlawfully obtained because it was obtained prior to Mr. Walker being read his rights and advised that he has a right to say nothing at all. The judge will have to rule in favor of the motion to suppress the evidence and the confession made at that particular moment will have to be thrown out as it was in fact unlawfully given to the police officer.