Legal Question in Criminal Law in Kansas

This is the scenario: A person is smoking marijuana when the police come to question them about an unrelated matter. They are taken in to custody and read miranda rights when they are still impaired. They are still impaired during most of their statement to the police. Will the statement hold up in court or can it be supressed?


Asked on 11/15/09, 7:37 pm

2 Answers from Attorneys
Jay Ramey Jay K. Ramey, Attorney at Law

While it is possible that the statement could be suppressed it is highly unlikely. The cops that took the statement would claim the person seemed fine and was not impaired at all. I have handled many of these, usually involving alcohol. Here is how it usually turns out: 1. Suppressing of statement because of drunkenness: Defendant is super drunk. Cops testify that they didn't smell any alcohol and the person seemed totally normal to them. 2. Drunk Driving: Defendant has had 1 or 2 drinks. Cops testify that they smelled a STRONG odor of alcohol and that the defendant had blood shoot eyes and was unsteady on his feet.

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Answered on 11/20/09, 7:50 pm
Sean Santoro Santoro Law Office

The statement will probably be admissable. The state is not required to show that an individual understood their rights; only that the state made the defendant's rights known to him.

Feel free to email me if you want to discuss your options.

Sean Santoro/Licensed in KS and MO/ [email protected]

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Answered on 11/23/09, 12:23 pm


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