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Brenda's Husband, Joe's Dad and Bonny's Brother.

Monday, October 4, 2010

Unarrested, Hospitalized Man in Custody as to Miranda

It's a mainstay of TV-- cops reading suspects their rights. Suspects' statements in custody may only be used in the cases-in-chief of their trials if they were read their rights before they made the statements. People who have been arrested are clearly in custody, but what about a hospitalized, unarrested suspect? The Colorado Supreme Court answered this question in Effland v. People, No. 09SC70, (Sept. 27, 2010), holding, in a 4-3 decision that under the totality of the circumstances, a hospitalized man was in custody per Miranda. His un-Mirandized hospital statements couldn't be used in the case-in-chief at his trial. Hat tip to Lawyers USA.

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