Legal Question in Criminal Law in Minnesota
interagations
can a person under the influence of drugs and acochol be questioned
2 Answers from Attorneys
Re: interrogations - impaired person
Yes, police can question a person under the influence of alcohol or other drugs. However, if the statement is not voluntary or is coerced, a defense lawyer like me could make a motion to ask a judge to suppress the statement from evidence. I have done this many times, and won some cases based upon the motion being granted.
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Re: interagations
Yes. There is nothing that precludes law enforcement from questioning a person who is impaired. However, if the person has been placed in custody, and an interrogation is intended, theperson must be read Miranda warnings and must have a sufficient capacity to understand those rights. If that does not occur, a Motion may be brought to suppress the fruit of any such interrogation.
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