interrogation admission then miranda admission

[angrysquirrel]

What is the name of your state (only U.S. law)?
Massachusetts

Hello folks,

I'm wondering if the exclusionary rule applies in this case.

I have a juvenile who was subjected to custodial interrogation by the police at school. He made some admissions. Then the officer brings the juvenile and his mother to the station where they sign a miranda waiver. Then the kid makes more admissions. The 2nd admission happens about 5 days later.

I have some attenuation here.

I also have a miranda waiver here.

However, the conduct by officer is pretty egregious.

Wondering if I should keep this in my suppression motion or not.

I think I've got pretty strong grounds to suppress on both admissions anyway.

what do you think?

 

[CdwJava]

What was the egregious behavior by the officer?

As for the statement, it sounds as if the second statement is just fine and dandy and made pursuant to Miranda. His attorney can review the reports for anything relevant that might be helpful for the defense, but on the face of it this sounds like a good second interview. But, perhaps it can be argued that had the student not made incriminating statements the first time around (assuming a court agrees those first statements were in violation of Miranda) he would never have been asked to come in a second time.

He should consult legal counsel.

 

[divona2000]

...I have a juvenile...Wondering if I should keep this in my suppression motion...I think I've got pretty strong grounds to suppress...

Who are you in this matter?

 

[angrysquirrel]

Other thought. Would it be ridiculous to argue that a person is not in custody when a miranda waiver form was signed (the waiver will subsequently be deemed defective at the suppression hearing).

Apparently, the officer thought a miranda waiver form was required. So how do you make an argument that the interrogation was non custodial?

 

[CdwJava]

An officer can Mirandize a suspect even when it is not required. This is a safe thing to do even if not always necessary.