Question: Will putting the Defendant in handcuffs while in patrol vehicle make the statement involuntary? Defendant's statement was made after getting out of patrol vehicle and taking off the cuffs and the Officer just started HGN.
I have a pre trial hearing on Jackson v. Denno, voluntariness of the Defendant's statement "I'm on my meds." The Deputy was dispatched for a disturbance on a public street. He arrived and there were 4 subjects.
The Defendant was in the street in front of a vehicle with the driver's door open yelling and screeming at the Homeowner, who had called 911 for a disturbance.
The Deputy asked the Defendant to sit in his patrol vehicle, while he identified the other subjects and checked for weapons. One subject was bleeding from cuts and EMS was called to the scene.
The Deputy handcuffed Defendant for safety while she was sitting in the patrol vehicle. After he secured the scene. He helped her out of the patrol vehicle, uncuffed her and did the HGN. Once he started HGN she said "I'm on my meds" and he had not asked her any questions, except to get her Drivers License.
2nd Question: If the Defense (a very high profile expensive firm)wins they put in there motion to suppress all!!! of the evidence. Can they do this?