module 5 discussion

odule 5 Discussion: Motor Vehicle Stop in New Haven, CT

For this discussion question, watch the video involving an angry Connecticut State Trooper. Disturbing yet true! It is a demonstration of pretty remarkable bad police behavior, but instead of talking about it in a social or moral sense, let’s think about in a legal sense. First, evaluate the Troopers demeanor, body language and verbal language and assess the possible impacts of that upon the driver. How would you feel in that situation? Now answer these questions:

1. The Right to Remain Silent and Self-Incrimination: During the encounter, the trooper repeatedly uses profanity and tells the driver, “its called shut the fuck up”. At the same time, the trooper asks incriminating questions about whether the marijuana in the car is in its “original dispensary container”. If the driver answers this question and the marijuana is not in the proper container, have they waived their 5th Amendment protection against self-incrimination?
2. Coercion and Voluntariness: The 5th Amendment protects individuals from being coerced into making statements against their own interest. In the video, the trooper is highly aggressive, stating, “God help you if is anything illegal in this car” and telling the driver “don’t you ever fuck with me again”. Does the troopers hostile demeanor and use of intimidation create a “coercive environment” that would make any admission by the driver involuntary and therefore inadmissible in court?
3. Custodial Interrogation and Miranda Rights: The trooper detains the driver, orders him to “sit the fuck down,” and begins questioning him about his destination and place of employment. Under the 5th Amendment (as interpreted in Miranda v. Arizona), do you believe the driver in this video was “in custody” given the trooper’s commands and physical intimidation?