Court Throws Out Drug Conviction Due to Miranda Rights Violation

arrestbanner

Miranda vs. Arizona stood for the principle that the government had to advise you of your rights prior to questioning you about a criminal offense.  The Courts have gone back and forth on the viability of the Miranda rule in this day and age.  Recently, a criminal court threw out a drug case where the cops violated the suspect’s miranda rights, here are the facts:  Defendant was convicted of a federal drug offense  after the trial court denied his motion to suppress statements he gave to FBI  agents during a custodial interrogation. The Court Reversed. According to the record in the case, Barnes was told to  attend a meeting by his parole officer, at which FBI agents confronted him with  evidence of drug trafficking before giving him Miranda warnings. The  confrontation occurred inside a police dominated, confined environment and went on for two hours. the defendant would not have felt free to leave and was therefore in official police  custody. The delay in providing Miranda warnings was a prohibited   “two-step” interrogation. The mid-interrogation warnings, given after Barnes   incriminated himself, were ineffective to ameliorate the delay in providing them. Barnes’ confession went to the heart of the prosecution case; therefore the error was not harmless, requiring reversal, case dismissed!

The Judge obviously scrutinized the government’s claim that the FBI followed the proper procedures, however, their efforts fell short to ensure that the accused fifth amendment rights were protected. It is good to see that some Courts have the guts to dismiss a case when the police violate the rules. If you or someone you know has a pending criminal case in Long Beach California, call a lawyer to get an evaluation of the offense to determine whether the police may have violated your rights, Matthew Ruff is a Criminal Lawyer in Long Beach who can help.

One Response to Court Throws Out Drug Conviction Due to Miranda Rights Violation

  1. Doris says:

    It’s going to be finish of mine day, but before ending I am
    reading this great paragraph to improve my know-how.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: