Can a cop question a suspect if they are suicidal?

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Can a cop question a suspect if they are suicidal?

My husband was questioned but not arrested. He was given no Miranda warning. He made a statement to the cops in writing. I was in Kuwait. No one else was present. The fallowing day he was admitted to the hospital because he admitted to being suicidal. The cop that questioned him said he was under emotional distress but did nothing to help him or get him medical attention. Still he questioned him. My husband has now been charged and the DA wants to use his statement against him. Can they do this? Is it legal?

Asked on February 1, 2011 under Criminal Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to seek out legal counsel for your husband in your area as soon as you can.  The fact that he was admitted to the hospital the next day AND the police officer admitted that he knew something was up with him leads me to believe that he may not have been in a competent frame of mind at the time that he was questioned.  This may work in his favor in getting the written statement thrown out or at least having him examined by a psychiatrist on behalf of the Prosecutor's Office.  Get help.  The attorney will know what to do and hoe to defend him in the best possible way for his case.  Good luck to you. 


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