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Jackson: Physical evidence resulting from un-Mirandized statement

By Tim Cone

In U.S. v. Jackson, No. 06-15186 (Nov. 9, 2007), the Court affirmed the denial of a Miranda-based motion to suppress.The defendant gave an un-Mirandized statement to police, as a result of which the police found a firearm and ammunition in his home. The statement itself was voluntary, and the defendant was not seeking to suppress the statement, but the fruit of the search based on the statement. Citing the narrowest grounds for the decision in United States v. Patane, 542 U.S. 630 (2004), the Court held that a Miranda violation that produces a voluntary statement does not entail suppression of the physical evidence found as a result of the un-Mirandized statement.

Full post as published by Defense Newsletter Blog on November 13, 2007 (boomark / email).