Legal Question in Criminal Law in California

Should a medical condition cause a criminal suspect not to be taken for questioning by the investigating officer? Please note, the medical issues are at worst diabetes, prostate problems and sleep apnea. This person is not handicapped or in a wheel chair. They are capable of getting in and out of a car and they do not have any speech or hearing problems. They also appear to be mentally capable of understanding and answering questions.

Asked on 5/02/16, 12:40 am

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

There has got to be more to this question, including why you're asking.

It may be a tactical decision not to interrogate a person at a particular time. There could be ample evidence even without a statement. The detective may (rightfully) be concerned about the admissibility of any statement obtained if attacked by the defense.

I can't read the detective's mind as to why they did or did not do something.

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Answered on 5/03/16, 6:47 pm

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