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D.Minn.: Even with a Miranda violation, later conset still valid

By John Wesley Hall, Jr.

Defendant was the subject of a Miranda violation and his statement is suppressed, but his consent is independent of that and it was voluntary. “[E]ven if the Defendant were illegally detained, the subsequent consent served to purge the taint of the illegal action.” United States v. Rakotojoelinandrasana, 2010 U.S. Dist. LEXIS 109139 (D. Minn. August 2, 2010) (also, in fn. 2, judicial notice taken of Google Maps), adopted 2010 U.S. Dist. LEXIS 109241 (D. Minn. October 13, 2010). The package in a controlled delivery made it to defendant’s car, and a warrant was unnecessary to search the car for it. United States v. Trevino, 2010 U.S. Dist. LEXIS 109093 (M.D. Fla. September 23, 2010).* Defendant was not free to leave. (“See [Exhibit 1 at 3:59:03 a...continue to full post

Full post as published by Fourth Amendment on October 16, 2010 (boomark / email).