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Hospital Questioning Not "Custodial"

By Jonathan Byrne

US v. Jamison: Jamison was driven to the hospital by two friends. When he arrived, he told a police officer hanging around near the front door that he'd been shot. While he was being treated for his wound, Jamison was questioned by that officer regarding how he got shot. The officer had Jamison's hands bagged so they could be tested for evidence of gun shot residue. A detective, who responded to the hospital after word of a shooting had gone out, then questioned Jamison about what happened. Jamison told a different story than he originally told the officer. The detective then examined Jamison's wound and clothing and concluded that they did not match up with Jamison's story. After further questioning, Jamison eventually admitted that he shot himself...continue to full post

Full post as published by Fourth Circuit Blog on December 05, 2007 (boomark / email).