Legal Question in Criminal Law in Minnesota
can a confession be thrown out if you were under the influence of a drug??
2 Answers from Attorneys
If an individual is in custody and subject to police interrogation, that person must be advised of his or her Miranda rights, including the right to remain silent. A person can choose to waive his or her Miranda rights and speak to the police, but that waiver of rights needs to be voluntarily, knowingly, and intelligently made. If it is apparent to law enforcement that the individual they're speaking to is under the influence of drugs or alcohol, it can call into question the validity of the waiver of rights which in some cases could lead to the statements or confession being suppressed.
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It is possible. If a statement is coerced or involuntary, then its reliabilty may be untrustworthy and a court may suppress it. In addtion, any waiver of rights that was not knowing, intelligent, and voluntary could lead a court to apply the exclusionary rule and suppress it from the prosecution's case in chief. Beyond that, more information would be needed to develop those kinds of defenses.
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