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Statements of Defendant Violation of Rights

Posted by John P. Rutkowski | Mar 08, 2018 | 0 Comments

Second degree murder, Evidence, Statements of defendant. Admission of statements defendant made to police after he was confined in psychiatric wing of a hospital violates due process clause of Florida Constitution where police did not tell defendant that his family had retained a lawyer to represent him and instead interviewed him in absence of counsel. Where there is no dispute that defendant was questioned in non-public place, Baker Acted in a secure unit in a hospital, or that an attorney had been retained to represent him, pursuant to supreme court's decision in State v. McAdams, the due process clause requires that the police notify the individual of the attorney's presence and purpose, regardless of whether the defendant is in custody. Fact that attorney left the hospital before the police arrived and was not physically present when police arrived to question defendant does not materially distinguish this case from McAdams. Admission of defendant's statements to police was not harmless beyond a reasonable doubt. Search and seizure -- Fourth Amendment question of whether law enforcement may access a suspect's historical cell-site-location data without a warrant will likely be controlled by case pending before U.S. Supreme Court. Stay of appeal pending outcome of Supreme Court case will be denied because reversal is necessary regardless of how that case is decided. Read Case Below.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.