TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Miranda / Suppression Question
Go
New
Find
Notify
Tools
Reply
  
Miranda / Suppression Question Login/Join 
Member
posted
Defendant arrested on an outstanding warrant (not a drug case); is cooperative. Clearly in custody. Approaching the jail, police officer asks "do you have anything on you that I should know about" - and indicates that possession of contraband in the jail can be a more serious offense. Defendant admits to possessing controlled substance and gives it to the officer. Defendant charged with POCS. Defendant filing motion to suppress because no Miranda warning given prior to the "custodial interrogation." I seem to recall there is an exception or a specific case that says the admission and subsequent charge are OK? The "interrogation" was not related to the offense for which defendant was arrested, and was "administrative" in nature, and (maybe) the controlled substance was likely to be inevitably discovered. I cannot find the case - any help would be appreciated. Hearing on the suppression is in about 2 weeks.
 
Posts: 55 | Location: Fort Stockton, Texas USA | Registered: April 04, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Miranda / Suppression Question

© TDCAA, 2001. All Rights Reserved.