Kansas | Criminal Law
Legal Question
This is the scenario: A person is smoking marijuana when the police come to question them about an unrelated matter. They are taken in to custody and read miranda rights when they are still impaired. They are still impaired during most of their statement to the police. Will the statement hold up in court or can it be supressed?
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Legal Answer
While it is possible that the statement could be suppressed it is highly unlikely. The cops that took the statement would claim the person seemed fine and was not impaired at all. I have handled many of these, usually involving alcohol. Here is how it usually turns out: 1. Suppressing of statement because of drunkenness: Defendant is super drunk. Cops testify that they didn't smell any alcohol and the person seemed totally normal to them. 2. Drunk Driving: Defendant has had 1 or 2 drinks. Cops testify that they smelled a STRONG odor of alcohol and that the defendant had blood shoot eyes and was unsteady on his feet.
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Jay K. Ramey, Attorney at Law 1408 S. Denver Ave. Tulsa, OK 74119
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Legal Answer
The statement will probably be admissable. The state is not required to show that an individual understood their rights; only that the state made the defendant's rights known to him.
Feel free to email me if you want to discuss your options.
Sean Santoro/Licensed in KS and MO/ sean@roadlawyer.net
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Santoro Law Office P.O. Box 455 Bonner Springs, KS 66012
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