Re:Court: Suspicionless Searches of Travelers’ Phones and La...
by gamblor956 on Wednesday November 13, 2019 @05:29PM
(#21530393)
That's mostly correct, but it gets even more contextual: if you confess right when you greet the police, your confession is admissible.
However, once the police start asking questions, they have to show they had not created a "custodial" situation in which the suspect was not free to leave (or in this case, to close the door and tell the police to fuck off). In most states, the burden is on the defendant to show that a custodial situation was created; in some states, that is presumed and the police have to show that a custodial situation was not created.
However, once the police start asking questions, they have to show they had not created a "custodial" situation in which the suspect was not free to leave (or in this case, to close the door and tell the police to fuck off). In most states, the burden is on the defendant to show that a custodial situation was created; in some states, that is presumed and the police have to show that a custodial situation was not created.