https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html
Jay K. Nixon, Avvo
Rating: 10 Criminal Defense Attorney in Kenosha, WI
I would be surprised if a suppression motion would get far in
this scenario, depending upon the details of the testimony, which we can only
guess at. The problem is that police are allowed to ask a lot of preliminary
investigative questions in order to identify and select their primary target
for prosecution. An initial question open ended question at a doorstep, such as
"Do you know anything about missing packages, , , , " would therefore
be fair game. But, an incriminating answer might change the picture,
and require the warnings. Either way, the Miranda rules "ain't what they
used to be," due to numerous Supreme Court decisions watering them down.
The videos, however, offer an argument that she already was the target, which
might change the outcome, it this made the judge conclude that this was one of those
rarer creatures known as a “custodial interrogation.” You need to get her a
lawyer, to thoroughly investigation all the options, if you really want to make
an informed decision.
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