23Oct 2020

Under What Circumstances Can You File A Motion To Suppress Evidence?

Sometimes a defendant does not realize that they are officially being 
interrogated. If you are in an interview room in a police station, in 
the custody of the police (i.e. you've been placed under arrest) then it 
is crystal clear you are being interrogated. You will almost certainly 
have been read your Miranda rights before being interrogated in a police 
station. Since these interviews are almost always filmed, it is almost 
impossible now for one of these interviews to take place without a full 
and proper Miranda warning.

However, sometimes a defendant is questioned in a setting that is not a 
police station. One of the most common places outside of a police 
station to be interrogated is the hospital. Gunshot perpetrators and 
victims alike often end up in the hospital, the same goes for 
perpetrators and victims of other violent crimes.

It is very likely that an officer will question a suspect while they are 
at the hospital. They will almost certainly read the suspect their 
Miranda rights before doing so. There was a case recently in New Jersey 
where a woman was charged with vehicular homicide and DUI. She was 
questioned by officers in her hospital bed. She was read her Miranda 
rights before being questioned and signed that she had been read them.

She was convicted of multiple offenses and appealed on the basis that 
the evidence from the interview should be suppressed, that she was in 
shock and didn't realize she could be interrogated in any place other 
than a police station. Well, the judge didn't buy it and her convictions 
were upheld. Signing away your right to counsel is just that. So call us 
if you are ever arrested for or charged with a crime. If you live in 
Burlington, Essex, Colchester, Winooski, Williston, Shelburne, or 
anywhere in the state of Vermont, and have been arrested or charged with 
DUI or any crime, call Handy Law for aggressive and experienced legal