Tuesday, October 21, 2008

Swimming at the rec center

I have a rather funny case for you. It's the Supreme Court decision often referred to as the Christian Burial Speech. This mentally ill patient (for those that would prefer me to use a more demeaning term...retard) had recently bolted from a mental facility. He was at the YMCA where he abducted some young girl, covered her up in a blanket (or something like that), and then carried her out to his vehicle. To top things off, he requested help from another kid to help open the door to his vehicle. The kid noticed feet dangling from the blanket and then alerted the parents who were in search of their missing daughter. The police were then notified. The nut bag was later arrested. He invoked his Constitutional right to the assistance of counsel. The police were instructed to transport him to another facility, but were told not to question him. During the transport, one of the officer's took advantage of the not-so-intelligent man knowing that he was very sensitive to religion. The officer made some speech about how it sure would be nice if they knew where the body was so that her family could have a Christian burial. The dude then led the police to the body.

The question for the court was whether this was a violation of his Miranda rights, namely the right to counsel. The more narrow question was whether this conversation amounted to an interrogation or just a casual conversation. The man filed a motion to suppress the evidence based on a violation of his Constitutional privilege. The Supreme Court ultimately held that this was a violation of his Constitutional privilege; however, the Court held that the body would have been found anyway during police investigation and therefore the physical evidence was admitted.

1 comment:

In Debt I am said...

It was a case that I read over the summer. I think the discussion was in your office. I wrote the post a couple months ago but never posted it.

I suck. No one wants to hire me. I can't seem to land that perfect job yet.