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Motion to Suppress Granted Due To Miranda Violation

Or client has been charged with 19 felony counts of sexual assault. Prior to charging, he refused to speak with the police. He was interviewed by a Department of Health and Human Services caseworker after he was arrested. In response, we filed a Motion to Suppress Evidence, arguing that the the DHHS caseworker is a State agent, and because there was no Miranda given to our client, that his statements to her should be thrown out. The Court granted our motion to suppress today, and all statements to this caseworker will be suppressed and can't be used at trial. Motions to Suppress, although not often granted, are good tools to use if law enforcement is ignoring the Constitution. ~Tim

2 Comments

Great work!! DHHS, in the Rockland area are difficult at best to work with on the best of circumstances, and are vultures during the time of confusion and family crisis.

I don't doubt it. As a State agency, especially in child protective services, they are really a disaster.

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