Legal Question in Criminal Law in Pennsylvania

Indecent exposures

friend's father had a cop show up at his house looking for my friend. cop told father it was b/c of a gas drive off and was given another officer's name and number to contact. friend contacted officer and left message. officer called back with when he was available to talk, this was after sending text message. friend went to station to talk. that's when informed that it was for urinating in an alley. friend told cop he was intoxicated & cop still continued to question him. question: is there grounds for dismissal for being brought under false pretenses, having cop send text message and being questioned while intoxicated?


Asked on 7/10/07, 2:29 pm

1 Answer from Attorneys
Douglas Sughrue Attorneys Crosby & Sughrue

Re: Indecent exposures

Police are permitted to question people in just about any manner short of torture. The real question is can your friend's statements be suppressed because he was not mirandized prior to being questioned. Pursuant to that end, there are many variables that would have to be fleshed out on the record to support a finding that your friend was in custody,...not free to leave...and the officer was interrogating him with the intent of illiciting an incriminating response.

Hire an experienced defense lawyer to more fully advise you. Bottom line is that voluntary intoxication is not generally accpeted by the courts as an excuse to suppress anything told to teh police. Good luck & cal with questions or email.

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Answered on 7/10/07, 5:07 pm


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