Legal Question in Criminal Law in Michigan
Police Questioning
If a Police Officer acknowledges the fact that he has not read you your rights and then asks a question and you answer and your answer increminates you can that answer be challenged in court and be thrown out of court
1 Answer from Attorneys
Re: Police Questioning
As a general answer: yes, you can always challenge incriminating evidence in court and possibly get evidence "thrown out".
But your issue is not as cut-and-dry as you present it. A threshold issue is whether you were "in custody" at the time of the Q&A. If you were not, then police can talk to you without reading you the Miranda rights. If you were in jail, you were in custody and rights must be read. But if you were sitting in your car on a roadside during a brief traffic stop, then you were probably not deemed to be in custody.
If the question was to an innocuous point that was not indended on getting you to tell him incriminating evidence (like "What's your date of birth" at booking in the jail) and you then blurt out "OK, I killed him!!!", your statement is probably not going to be thrown out.
These are not the only issues that comes into play regarding police questioning, and whether it is legal. You should have a criminal defense attorney in your area review all the case facts with you (not the snippet you gave us), plus the information in the police report, and see if there is an argument to be made that the Q&A should be suppressed.
Related Questions & Answers
-
Help if i hold a greencard since 1997 i am charged with 2nd domestic can immagration... Asked 10/06/08, 5:51 pm in United States Michigan Criminal Law
-
Misdemeanor I'm 19 yrs. I received an MIP. I took a breathalyzer test. I'm not sure... Asked 10/05/08, 2:50 pm in United States Michigan Criminal Law
-
MIP Passenger in MI I received a MIP passenger and was not given a breath test.... Asked 10/05/08, 12:38 pm in United States Michigan Criminal Law
-
Emblezzement Fired because of emblezzement - about $2000- my exemployer wants me to... Asked 10/04/08, 9:17 pm in United States Michigan Criminal Law
-
Fighting in school My daughter is 13 years old was hit a girl at achool when the... Asked 10/01/08, 10:02 am in United States Michigan Criminal Law