Legal Question in Military Law in North Carolina

Miranda rights

My husband is an E6 in the army with a spotless record. He was taken in for questioning by his company comander on a military installation to be questioned by New York Police detectives, and ATF agents. He was never read his miranda rights by any parties involved. He requested a lawyer, however they continued to ques. him. They ultimately obtained a search warrant for our house from the information he gave them in the interrogation. His JAG lawyer filed a motion to supress the evidence they found, however the judge denied it. If a persons rights were not read how can it be denied?


Asked on 7/28/00, 1:53 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Miranda rights

The Motion to Suppress was based upon the search warrant, and the JAG lawyer properly challenged the sufficieny of the warrant and asked that the evidence be suppressed. His Motion was denied. That's how these things go.

The failure of law enforcement to provide Miranda rights depends upon whether the interrogation was done in the US or elsewhere. I am sure the JAG lawyer took a hard look at this question. If they don't intend to offer his statement into evidence then the lack of Miranda warnings doesn't matter.

Losing one battle isn't the end of the war.

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Answered on 9/19/00, 6:36 pm


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