Brewer v. Williams
Robert Williams had abducted Pamela Powers from a YMCA in Des Moines, Iowa. Williams car, where Pamela was transported in, was found in Davenport, Iowa, 160 miles away. A warrant was issued in Des Moines for Williams arrests, on the charge of abduction. In Des Moines a lawyer by the name of Henry McKnight had received a long-distance call from Williams, McKnight advised Williams to turn himself in to the Davenport police. When Williams turned himself in he was arrested and Mirandized. McKnight advised Williams that Des Moines police will drive to Davenport to pick him up, McKnight notified Williams that he was not going to be interrogated on the ride back to Des Moines. In Davenport Williams was arraigned before a judge and latter committed to jail. Williams conversed with this other lawyer named Kelly. Kelly had advised Williams not to make any proclamations until he saw McKnight in Des Moines. Detective Leaming and another police officer arrived in Davenport to escort Williams back to Des Moines. Kelly had spoke with the officers and came to an agreement that Williams was not to be interrogated or asked any questions until he saw McKnight back in Des Moines. During the ride back to Des Moines Williams repeat
Detective Leaming knew that Williams was a religious man and initiated a conversation with a variety of topics, and incorporating the issue of religion. During the drive to Des Moines Detective Leaming gave a “Christian burial speech.” In this speech Leaming mentioned a forecast that it was going to snow and if it did it would be a lot harder to find the body of Pamela Powers. The process of searching for the body after Williams talks to McKnight would take longer and would impede the process of Pamela’s body getting a proper Christian burial. After this speech Leaming stated that he did not want an answer but rather that Williams think about what was just stated. As the car ride proceeded Williams asked the officers if they found specific items of the girl. For each item William showed them where he left each piece, but each search was unsuccessful. As they approached Mitchellville Williams showed the officers where the body was. During the ride to Des Moines was Williams denied his right to counsel and or was he denied his Miranda rights? Detective Leaming had an agreement with both counsels McKnight and Kelly, that Williams was not to be interrogated on the ride back to Des Moines, did Leaming‘s speech apply as interrogation? After the “Christian burial speech” did Williams initiate a conversation in which he voluntarily showed the officers where each item of Pamela Powers was located? If this initiation is true was it the sealed agreement of Williams waiving his rights to give further information? Could the “Christian burial speech” be considered as a form of police tactic? Was William in a coercive environment in which he had to confess? Does the exclusionary rule apply to the process of finding the body of Pamela Powers? This case has set a foot mark in the process of waiving ones rights. In PATTERSON v. ILLINOIS , a gang member being accused of murder wa
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Approximate Word count = 1279
Approximate Pages = 5 (250 words per page double spaced)
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