Miranda Warnings

[seniorjudge]

What is the name of your state (only U.S. law)? Dazed and confused


After arrest and administration of Miranda warnings to defendant, detective's statement that defendant and codefendant should not "laugh so much" because police found fingerprints at scene of crime, was not specifically addressed to defendant, and was not intended or reasonably likely to elicit response; thus, defendant's response "[y]ou won't find my prints[,] I was wearing gloves" was admissible as spontaneous or volunteered statement.

People v. Hawthorne, 536 N.Y.S.2d 122 (1988)

[Blue Meanie]

Originally Posted by seniorjudge

What is the name of your state (only U.S. law)? Dazed and confused


After arrest and administration of Miranda warnings to defendant, detective's statement that defendant and codefendant should not "laugh so much" because police found fingerprints at scene of crime, was not specifically addressed to defendant, and was not intended or reasonably likely to elicit response; thus, defendant's response "[y]ou won't find my prints[,] I was wearing gloves" was admissible as spontaneous or volunteered statement.

People v. Hawthorne, 536 N.Y.S.2d 122 (1988)

I don't understand...Are you surprised by this finding??

[seniorjudge]

Originally Posted by baystategirl

I don't understand...Are you surprised by this finding??

Surprised?

No ... gratified.

[cyjeff]

My favorite case of all time was when a man was accused of robbing a shoe store of a pair of size 10 1/2 yellow boots.

When the trial day arrived, the defendant walked to his table and, in an effort to show the court what he thought of the process, immediately crossed his feet upon the table.

You guessed it. Wearing a pair of size 10 1/2 yellow boots... later identified to be the stolen items.

He was led away in handcuffs. In his socks.

[Blue Meanie]

Originally Posted by seniorjudge

Surprised?

No ... gratified.

Oh. Good!!

[outonbail]

There was a case I read about a while back concerning a guy who was arrested for burglary of a vending machine.

His girlfriend went to the jail to bail him out and brought the one thousand, five dollar bail amount with her,,,,,, in cash.

Ordinarily paying with cash is no problem and it wouldn't have been in this case either, had it not been for the fact that it was all in quarters,,,,,,

Needless to say the suspect remained in jail, the girlfriend was arrested for receiving stolen property and the $1,500.00 in quarters, was marked exhibit A