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Attorney Sam?s Take: The MA Miranda ? Statement Admissibility Game (Part Two)

By Altman & Altman

Yesterday, we discussed whether an investigating officer?s failure to read a suspect in custody his or her Miranda Rights (hereinafter, the ?Rights?), means that the case against said suspect must be dismissed. The answer, in most cases, is no. The remedy is to suppress the statement so that the Commonwealth may not use it against the suspect at trial. However, this is not as simple as one might imagine. The question becomes what is a ?custodial interrogation?. Let?s look at three scenarios. 1) Duncan Drugdealer is at home when the police arrive with a search warrant. They tell him to sit down while they search the place. All of a sudden, as the officers are going upstairs, he yells out, ?Hey, that coke in the bedroom ain?t mine!? 2) Virginia Victim stands in Boston?s Government Center, screaming that she her purse has just been stolen...continue to full post

Full post as published by Boston Criminal lawyer Blog on October 02, 2010 (boomark / email).