Legal Question in Criminal Law in Washington
If an officer yells at you and you then admit to wrongdoing, does that constitute confession under duress? Also, if you are told to place your hands on the hood of a car and told not to move (apparently under arrest) and admit to wrongdoing before being read your rights, does this violate the 5th amendment or any rights allocated to the accused?
Asked on 9/10/09, 2:39 pm
1 Answer from Attorneys
James J. White, attorney
Law Offices of Smith & White, PLLC
Once detained you must be advised of your rights. Any statements you make after arrest and before the advisement of rights can be suppressed. The officer yelling may constitute an impermisslbe display of force.
At your service,
Answered on 9/16/09, 2:14 pm