Can a statement made to police be suppressed if the person was withdrawing from drugs when the statement was made?

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Can a statement made to police be suppressed if the person was withdrawing from drugs when the statement was made?

My daughter made a statement to police while she was having major withdrawal symptoms from prescribed methadone. She had been taking methadone for 3 years for back pain. She was arrested and had been deprived of her medicine prior to meeting with the detectives. She stated several times during the interview that she was sick due to the withdrawal. Could her statement be suppressed because of this? She is currently awaiting trial.

Asked on April 17, 2012 under Criminal Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From my experience the only way any incriminating statement that your daughter made to law enforcement with respect to a possible crime that she committed could be suppressed is if she was not read her rights per the Miranda decision by law enforcement when she was being intrerrogated.

It is unfortunate for her if she made any incriminating statements while under the influence of any controlled substances, but her withdrawal from the controlled substances when she made any statements she regrets will not be a basis for a motion to supress these statements.

I suggest that she consult with a criminal defense attorney to assist her in the matter that you have written about.


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