Illinois  |  Criminal Law

Legal Question

Asked on: 2/15/05, 3:01 pm

Motion to Supress Statements

How likely are written statements are to be suppressed in a felony matter. And can the statements of other co-defendants be used against you. What kinds of arguments goes on in a Motion to Suppress Statements hearing and what can a lawyer argue.

There were 3 defendants in the case. 2 of the defendants were arrested in another town but the same county without a arrest warrant in the town where the alleged crime took place. As a result of that arrest a statement by one of the defendants was given to where the stolen merchandise was located before he was merandized. The police from the other jurisdiction went to the defendants yard, without the owners permission and confiscated the merchandise.

At the police station they were merandized and signed a statement acknowledging there maranada rights gave written statements.

As a result the 3rd defendant was arrested in his private hotel in another county without warrant and signed a Miranda rights statement and gave a written statement.

The first 2 codefendants were arrested on a Wednesday night the other was arrested Thursday morning without a warrant and didnít see a judge until Saturday afternoon. Which clearly violates the Supreme Courts 48 hour rule

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