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Wednesday, September 9, 2009

AS TIME GOES BY: HYPOTHETICAL

On a Friday afternoon, a defendant is extradited from the Great and Sovereign State of Mississippi to Wicomico County, State of Maryland to stand trial for a string of Armed Robberies. Upon arrival at our local agency, the defendant is advised of his Miranda Warnings, waives same and is pleased to talk with any and all officers. He's fed, watered, and allowed to use any and all crappers. Since it's now Friday night, the officers think that he's very comfortable staying right where he is overnight in a holding cell. The officers and the defendant both get great night's sleep, and start the interviews over on Saturday. The suspect then decides to take the officers to the various locations where he's committed the robberies, with the officers providing all the food, drink and cigarettes that the defendant desires. By the time they finish, it's Saturday evening and every one's still happy. The officers put the suspect back in the holding cell for the night, but return again on Sunday morning to take the suspect to his favorite place of worship, where the suspect makes a nice offering to the Church. Feeling the rapport is still great, the officers take the suspect out to Sunday buffet, talk some more about other offenses committed in other states and decide that it's too late on a Sunday to take care of all of the paperwork. First think Monday morning, the officers decide that all have had enough fun, they serve the warrants on the defendant and take the suspect to the District Court Commissioner for his initial appearance. Are the statements admissible? Are the travels of the defendant admissible? Are the statements about the out of state offenses admissible? Why or Why not? Counsel will post its answer over the weekend - thanks for the favorable remarks about these hypothetical questions.

3 comments:

Anonymous said...

Oooof, well this is a tough one... Hmmm, well doesn't the suspect have to be charged with a crime upon being extradited from a state to maryland? So, if he wasn't charged upon extradition then I would assume that all of the statements made would be inadmissable because, he is not free to leave dispite his miranda warnings he was taken on the assumption he would charged with a crime upon entering maryland? That's just a guess really lol.. hope it's right!

Anonymous said...

Mmmm, interesting... I would think that the statements do still apply since you can hold someone up to 48 hours without charging them... so, yes the statements and locations, etc. would apply. Plus the suspect was given his poop breaks.

Anonymous said...

Well they even took the criminal to church, so they extended every effort to accomidate him, I'd say the evidence is admissable.