Legal Question in Criminal Law in Missouri

Should my client have been allowed due process?

In my mock trial, there was a stab victim in the residence. My client was asked to step outside and wait with an officer while another officer question a female involved. My question is at the time he was asked to wait with an officer, was he seized? Seizure, I thought was the holding of an individual. So the moment he was asked to stay with the officer, was he seized? After this occurred, my client was sitting on a curb and was mumbling something, and the officer asked him, what did you just say? Was that questioning? After this my client said, ''I can't believe I stabbed my best friend.'' Can I get this statement suppressed in a pretrial motion?


Asked on 12/05/07, 3:23 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Should my client have been allowed due process?

Due process is a subjective question based upon objective issues. That may soudn contradictory, but it isn't. You ultimate quetion as to suppression is decided by the answers to the several questions you asked. When the officer "asked" him to step outside with the other officer, was he "arrested" or "detained"? If he was arrested, he was due certain process before he could provide evidence.

did your cleint feel that he had achoice whether to gop with the other officer? If not, he may have been detained. If he was not free to leave, he may have been under arrest. A person who is detained, is not due a Miranda Warning before being asked questions.

If your client was not compelled to stay with the officer outside, he was not arrested,although he may have even been detained. If the question the officer asks is" what did you say?" then it does not seem that the officer was even asking about the crime that was being investigated.

If your client responds to the question "what did you say?" by saying "I can't believe I stabbed my best friend" what is the possible improper action that the officer took?

It is impossible to give you a clear yes / no answer to yrou question. However, it does not seem that you have described any facts that support suppressing your client's statement.

Good Luck

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Answered on 12/05/07, 10:12 pm


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