Picture this: The police stop you one night. The officer handcuffs you without reading your rights and questions you in the patrol car. Due to the tension of the situation, you anxiously make incriminating statements. You are eventually arrested. Now what?
The legal system is a complex web designed to ensure fairness and justice. One crucial aspect of this system is the admissibility of evidence, including statements made by those accused of criminal charges. In Tennessee, as in other states, the court may dismiss statements under certain circumstances.
Miranda rights violation
The failure to properly inform a suspect of their Miranda rights before interrogation can lead to the dismissal of any statements made. These rights include the right to remain silent and the right to an attorney. The key factor is whether the suspect was in custody for interrogation at the time they voiced the statement.
Coerced confessions and fruit of the poisonous tree
Courts may dismiss statements obtained through any kind of coercion. Physical coercion might include violence or deprivation of basic needs. Psychological coercion could involve threats or promises of leniency. Additionally, evidence or statements obtained illegally may not be honored in court. This deters law enforcement from conducting illicit searches and removes the incentive to use illegally obtained evidence.
Right to counsel violation
Once a suspect requests an attorney, all questioning must cease until one is present. If police continue to interrogate and obtain statements after a request for counsel, the court will likely suppress those statements. The accused can re-invoke this right at any time during questioning.
Violation of the right to remain silent
If a suspect clearly states they wish to remain silent, police must honor this decision and cease questioning. The invocation of this right must be explicit. Any further interrogation after this point may result in the suppression of succeeding statements.
Mental incapacity
For a suspect’s statements to be admissible, they must have had the mental capacity to understand and knowingly waive their rights. Factors considered include age, education, intelligence and mental condition. Intoxication, mental illness or intellectual disabilities may render a suspect incapable of knowingly waiving their rights.
Advocating for your rights
It’s important to understand that a statement’s admissibility depends on the various circumstances. If you are unsure whether your statements will be used against you in court, consider seeking professional guidance. A legal counsel may guide you through the complexities of a criminal case and help protect your rights.