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Statements by Defendant Improperly Obtained

Posted by John Rutkowski | Apr 05, 2018 | 0 Comments

Confession given by defendant during police department interview prior to administration of Miranda warnings was improperly obtained. Confession occurred during custodial interrogation where it was clear from record that purpose of the interview was to obtain incriminating evidence from defendant and reasonable person in defendant's situation would not have felt free to leave. Moreover, defendant requested assistance of counsel prior to giving confession.

Coercion -- Under totality of circumstances, suggestions that interrogating officers could effect leniency, coupled with the representation that officer's opinion was superior to that of defendant's own counsel, amounted to outrageous police conduct, and there was a clear nexus between this outrageous conduct and defendant's confession. Trial court erred in denying motion to suppress. Error not harmless where improperly admitted statement was primary, if not the only, evidence tying defendant to charged offense. Read Entire Case Below:

About the Author

John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.


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John P. Rutkowski, Attorney at Law, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving/Boating Under the Influence. Sale, Delivery, Possession Drugs, All Sex Crimes, Felony & Misdemeanor. Contact us today to schedule an initial consultation.