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Tuesday, April 29, 2008

Miranda violation

2007 MT 222
STATE OF MONTANA, v.
JULIA MUNSON,
1. motion to suppress statements she made to law enforcement officers?
2. Did the District Court err in denying Munson’s motion to suppress evidence
Because Munson was interrogated in a custodial atmosphere, she was entitled to the Miranda warnings. The Officers’ failure to preface their questions with those warnings renders Munson’s statements inadmissible, and the District Court therefore erred when it denied Munson’s motion to suppress those statements.
Furthermore, because Munson’s consent to search was not given freely and voluntarily and without duress or coercion, all evidence seized by the Officers under the guise of that consent is inadmissible, and the District Court therefore erred when it denied Munson’s motion to suppress that evidence.

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