People v. Fort (1st Dist.) – Miranda Rights Expanded

May 7, 2014 5:44 pm Published by

On April 30th the appellate court found that the questioning of an occupant of a house during an execution of search warrant violated Miranda and threw out the statement.  Normally Miranda warnings (right to remain silent & right to an attorney) are only required during interrogation at the police station.  In this case a Chicago police officer took an occupant of the house (not the target of the warrant) upstairs to get her baby.  Before they went in the room, the officer asked the Defendant if there was anything in the room he should know about.  The Defendant said she had some drugs in her pillowcase. This is a significant expansion of Miranda. People v. Fort (1st Dist. 2014DSC_8339)


 

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