Criminal
Oct. 23, 1999
Conscious Sin
Conscious Sin Statements Obtained in Intentional Violation of 'Miranda' May Be Used to Impeach By Alex Ricciardulli It is well known that if the police fail to properly advise a suspect in custody of his rights under Miranda v. Arizona , 384 U.S. 436 (1966), or the suspect invokes his rights by saying he will not talk without his lawyer being present, any statements obtained from the suspect cannot be used in the prosecution's case-in-chief in any ensuing criminal prosecution against him.
It is well known that if the police fail to properly advise a suspect in custody of his rights under Miranda v. Arizona, 384 U.S. 436 (1966), or the suspect invokes his rights by saying he will not talk without his lawyer being present, any statements obtained from the suspect cannot be used in...
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