Legal Question in Criminal Law in Minnesota

Miranda Warning

Should an 18 year old, being questioned as a suspect in the high school officers office by local police offices should have been mirandized in an assault investigation? He was not mirandized, however, all 3 suspects following him that were questioned were mirandized. The police report states he was not mirandized after questioning, and answers he gave were incriminating to himself. He was not given the right to remain silent as the others were and they chose to remain silent. Is this acceptable or is his statement inadmissable based on that?


Asked on 5/14/07, 7:50 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Miranda Warning

The answer is complicated and would require a thorough analysis of the facts. Certainly, the statements should be challeneged.

A Miranda warning must be given before any custodial interrogation. Custodial means being "in custody." the legal standard for determining whether or not a person is "in custody" is whether a reasonable person in the defendant's shoes would not feel free to leave. As a result, the answer depends on the particular facts including where the questioning occurred, who was present and what was said.

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Answered on 5/15/07, 9:23 am


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