Oakland County criminal defense lawyer Paul J. Tafelski releases a new article (https://www.michigandefenselaw.com/blog/court-reviews-admissibility-of-confession-in-michigan-drug-case/) discussing a Michigan drug case where an appellate court reviews the admissibility of a confession. The lawyer mentions that recently, in Michigan, a state appellate court has issued a per curiam decision in a defendant’s appeal of her Michigan drug offense conviction.
“The case arose when officers discovered a bag of cocaine in a store dressing room. An officer approached the defendant and her friend inquiring about the drugs, and the defendant admitted that the cocaine was hers. The defendant unsuccessfully motioned to suppress her confession because they were given involuntarily and in violation of her Miranda rights. A jury convicted the defendant of possession of cocaine,” says the Oakland County criminal defense lawyer.
The lawyer explains that the officer involved in arresting the defendant testified that he did not threaten, restrain, or block the defendant’s ability to exit the store when she was approached. The officer also says that he told the defendant that he can administer a field sobriety test or send the evidence to a lab.
Attorney Paul J. Tafelski says in the article that the defendant argued that the officer was not able to give her any Miranda warnings and that the confession she made was involuntary because of the leniency the officer allegedly promised.
In the article, the lawyer says that under the 14th Amendment Due Process Clause, statements obtained during interrogation are only admissible if the defendant knowingly, voluntarily, and intelligently waived their Miranda rights.
According to the article from the defense lawyer, “The court found that the officer’s questioning before the defendant’s admissions did not violate Miranda. They reasoned that the officer approached the defendants to ensure that the women were the ones the employee observed and that the bag did not contain fentanyl. He explained that the defendants were free to leave during the preliminary questioning, and it only ended after she admitted ownership of the drugs. Ultimately, they found that the questioning was not custodial, and therefore he did not violate her Miranda rights.”
Lastly, attorney Paul Tafelski encourages those who are charged with a criminal offense to seek the help of an experienced criminal defense attorney. Having a skilled lawyer may be able to help the defendant protect their freedom and understand their rights in the case.
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