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First Question: Is Defendant's statement "I'm on my meds" voluntary?
FACTS: Officer dispatched from call from Homeowner for disturbance in street in front of her home. Officers arrive and 4 subjects. One in street cut and bleeding, 2 in passenger seats of vehicle parked diagonally across road, the drivers door was open, and Defendant was yelling and screeming at Homeowner in the street.
Officer secured the bleeding subject, called EMS, and secured the 2 passengers. Officer had asked Defendant to sit in the back of the patrol vehicle while he secured the scene. Defendant was cuffed while in vehicle.
Officer takes Defendant out of patrol vehicle and uncuffs her. Officer asked for her ID, she gets it out of the driver's side of the vehicle in street, and Officer starts HGN and Defendant blurts out "I'm on my meds." Officer had not asked any questions of Defendant only her Id. Officer finished HGN and then arrested Defendant.
Second Question: Defense Attorney (expensive big wig)put in his Jackson v. Denno motion he wants all!!! the evidence suppressed. He did not file a Motion to Suppress the Evidence. Can he ask to suppress all the evidence?
 
Posts: 28 | Registered: April 05, 2011Reply With QuoteReport This Post
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Statement is totally voluntary, because not in response to questioning or statements by the officer to elicit incriminating statements.

Motion sounds vague and overbroad. Be careful, because Judges tend to forgive, and construe liberally, all defense motions. Be ready to fight everythingg, even if you don't have to.
 
Posts: 218 | Location: The Border | Registered: April 08, 2011Reply With QuoteReport This Post
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Thanks for your reply. It sort of sounds like the Defense is trying to get the case thrown out on a sort of "fruit of the poisonous tree" doctrine.
 
Posts: 28 | Registered: April 05, 2011Reply With QuoteReport This Post
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Check your email for an answer that I've filed in a similar situation.
 
Posts: 394 | Location: Waco, Tx | Registered: July 24, 2009Reply With QuoteReport This Post
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