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Discussion Questions

Questions to check for understanding

Applying J.D.B. v. North Carolina to the fictional scenario in People v. Brandon Salinger:

1. If J.D.B. and Brandon had been given a Miranda warning, what would the police have said to them?

2. What factors should be considered in determining whether a person is in custody?

3. Does it matter if J.D.B. and Brandon were custody at the time they were questioned? Why or why not?