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statements of Defendant Violation of Miranda New Trial Required

Posted by John Rutkowski | Apr 01, 2018 | 0 Comments

Defendant's question whether he could have a lawyer during post-Miranda interview with law enforcement personnel was an unequivocal request for counsel. Even if inquiry were viewed as an equivocal question about whether defendant could have a lawyer, interrogating officer was required to cease questioning and give simple and straightforward answer to the question. Error in denying motion to suppress highly detailed confession made during subsequent interrogation was not harmless. New trial required. Read 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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