Drug Crimes Case Study
Whether the defendant's statement to police was admissible where the defendant claimed it was made involuntarily.
The court suppressed the statement, finding that the totality of the circumstances — including the length of the interrogation, the defendant's fatigue, and the officers' promises of leniency — rendered the statement involuntary. The court held that a statement is involuntary if it is the product of coercion, threats, or promises that overbear the defendant's will.
Involuntary confessions are inadmissible under the Due Process Clause. D.J. Rivera scrutinizes the circumstances of every client statement to police — including the length and conditions of interrogation, whether Miranda rights were properly given, and whether any promises or threats were made — and moves to suppress statements that were not freely and voluntarily given.
This case involves § 18.2-248 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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