Defendant’s post-Miranda statement to police that “I guess I’m ready to go to jail,” is not subject to exclusionary rule
MIRANDA United States v. Nelson, No. 05-3121, ___ F.3d ___ (10th Cir. Jun. 19, 2006)(Kansas). Appeal of convictions for various drug-trafficking and firearms offenses. HELD: (1) District court did not err in denying defendant’s motion to suppress post-Miranda statement to police that that “I guess I’m ready to go to jail then.” Statement to officer was made by defendant after officer told him that drugs, firearms, and incriminating documents had been found in defendant’s apartment. Where officer’s statement as to items found in defendant’s apartment were made in response to question initiated by defendant, officer’s statement cannot be reasonably understood as an effort to provoke incriminating response from defendant. Nor can statement in itself be reasonably understood as invocation of Miranda right to remain silent. (2) Prosecutor’s argument that statement was acknowledgment by defendant “that he’s guilty,” was not improper comment on defendant’s Fifth Amendment right to remain silent. On these facts, prosecutor’s comments were permissible because defendant could have remained entirely silent. Defendant chose to express himself, however. Therefore, testimony as to what he did say was in evidence. As such, defendant’s statement was fair subject for comment by prosecutor. Read the opinion here. |
Comments on "Defendant’s post-Miranda statement to police that “I guess I’m ready to go to jail,” is not subject to exclusionary rule"
3d scanning from Surfdev, a specialist scanning service performed by a reverse engineering company.
Vaccum forming and CAD/CAM, APHWEB provide high specification work, working from drawings and models using modern and traditional methods.