Legal Question in Criminal Law in Virginia
If a statement was made to a police officer before Miranda rights have been read can it be used in court?
Asked on 1/26/12, 11:06 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Depends upon whether the person making the statement was either in police
custody at the time or subject to circumstances which reasonably impelled him
to consider himself as such or at the very least not free to leave.
If so, then the statement could not be used by the prosecution
against the defendant.
Answered on 1/26/12, 1:00 pm
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