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Can I keep a statement out of evidence even if I was given my Miranda rights and waived them?
If a police officer gives a suspect a Miranda warning and then physically coerces the suspect into talking (say, by refusing a suspect’s requests for medicine that the suspect has to take), the resulting statement cannot be used against the suspect. (See Police Interrogation.)
A confession following the giving of a Miranda warning also cannot be used against a suspect if it’s the result of a ploy known as “question first, warn later.” Police using this technique question a suspect without giving a Miranda warning. If a suspect confesses, the police then give a Miranda warning and convince the suspect that having already confessed, the suspect should waive (give up) the right to remain silent and repeat the confession. Even though the second confession follows a Miranda warning, neither the first nor the second confession can be used against the suspect at trial (Missouri v. Seibert, U.S. Sup. Ct. 2004).
by: Paul Bergman
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Steps in a Criminal Defense Case
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Plea Bargains (Deals) in a Criminal Case
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