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When cops stray from Miranda, pounce on it, II

By Marks & Katz, LLC

Ernesto Miranda (r). (Image from State Department's website).  Today, Maryland's highest court affirmed the suppression of a murder suspect's statement to the police, where the statement followed a botched Miranda warning. Maryland v. Luckett, __ Md. App. _ (April 14, 2010). The Maryland Court of Appeals concluded:  We hold that a suspect is not properly informed of his or her Miranda rights when a statement of those rights, however correct the statement may be, is nullified by other incorrect statements concerning those rights. In that event, the Miranda advisements are constitutionally infirm, a purported ?waiver? of those rights is constitutionally invalid, and any statement the police obtain from the suspect during the ensuing interrogation violates Miranda...continue to full post

Full post as published by Underdog on April 14, 2010 (boomark / email).