Criminal Law - Supreme Court Review

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1977
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FIRST PARAGRAPH(S)|The most significant decision in the law of arrest during the survey period was State v. Krueger. In Krueger the defendant was arrested for assault with intent to rape. Upon being advised of his rights, he stated he would like to have an attorney. An hour and a half later the defendant was again advised of his rights, but declined to make a statement. The police nevertheless continued to question him. At a pre-trial hearing, defendant testified a police officer told him if the defendant made a statement, he would be charged with a lesser offense. The next day, after a complaint had been filed and while the defendant was being taken from the jail to the courthouse, the defendant wrote a statement on the back of a rights form in which he admitted the assault. The defendant contended that this statement should not have been admitted into evidence because it was obtained in violation of his constitutional rights as declared in Miranda v. Arizona|In rejecting the defendant's contention, the court began its analysis with a quote from Miranda to the effect that once an individual indicates he wants to remain silent or wants an attorney the interrogation must cease. The court then conceded that a statement obtained the same day might have been inadmissible. On the basis of a 24-hour interval between the police statements to the defendant and the defendant's statements, and the police reply to the defendant's inquiry just before the defendant gave the statement,the court concluded that the trial court and jury could find the incriminating statement was voluntary...
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10 Creighton L. Rev. 66 (1976-1977)
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Creighton University School of Law
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