Legal Question in Criminal Law in Minnesota

interagations

can a person under the influence of drugs and acochol be questioned


Asked on 1/15/09, 3:14 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

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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Answered on 1/16/09, 12:52 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

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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Answered on 1/15/09, 4:39 pm


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