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Law - court - Essay Example

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As interpreted in the numerous court decisions, the protection against the self - incrimination means that a witness before any government officials or tribunal may refuse to give testimony that might be used against the witness in the future criminal proceeding or that might result in uncovering further evidence that could be used against the witness in such a proceeding.
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Download file to see previous pages The tests were namely horizontal nystagmus test, walk and turn test, and one leg stand test.
While performing the tests stated above, the patrol officer, the one who spotted Muniz on the roadside, asked him few questions such as Muniz's name, address, height, weight, eye color, date of birth. These questions were not intended to elicit information for investigatory purposes but it focuses primarily upon the perspective of the suspect and therefore not incriminating.
After giving Muniz the various tasked, which he poorly performed, finally the patrol officer asked Muniz to submit himself for the breathalyzer test which is designed to measure the alcohol content of his expelled breath, Which is under the Commonwealth's Implied Consent Law. The result of this breathalyzer test will be used as real or physical evidence.
The implied consent concept refers to the idea that when you get your driver's license, you agree that if you are ever arrested for suspicion of driving under the influence (DUI/DWI) of drugs or alcohol, you will submit to a blood, breath, or urine test (depending on availability and whether the suspected chemical was drugs or alc ...Download file to see next pagesRead More
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