State Legal Requirements
Autor: tuxchula • August 6, 2012 • Essay • 251 Words (2 Pages) • 1,395 Views
State Legal requirements Precedent Other
Arizona
Illinois
New York For a statement or confession to be admissible in court, a written or oral statement must be made from the defendant stating what his or her involvement of lack of involvement is regarding the case. Unless the statement was voluntarily made the evidence cannot be used in a court of law. The defendant shall not be threated for his or her confession by any means so the evidence can’t be used in court.
New york vs. Harris
Court of appeals in NY-
In this case police officers had probable cause to believe that Harris had committed murder so therefor entered his home without obtaining a warrant first and read Harris his Miranda Rights. The officers reported that Harris had confessed to committing murder. Harris then was arrested and taken to the jail where he was again read his rights followed by signing a written exculpatory statement which is a written statement of putting blame on ones self. Because the fourth amendment states that a warrant must be obtained in order to enter a suspects home the New York Court suppressed the first statement Harris made. However Harris second statement was admitted as evidence in court and Harris was convicted of second-degree murder. Shortly after the state of appeals reversed the conviction and decided that the evidence was inadmissible in court because the second statement and the connection with the arrest was not sufficiently attenuated in regards to the fruits of a legal search
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