Olberding Law Office
Everything you say can and will be used against you
Several recent court cases have once again confirmed that anything you say can and will be used against you even if you have not been given your Miranda warnings.
In State v. O’Dell, the defendant was stopped for routine traffic violations. Because of the very cold weather, the officer asked the defendant to sit in the front of the patrol. While in the patrol car, the officer smelled alcohol on the defendant and asked him if he had been drinking. The defendant admitted he had just come from a bar. The defendant was not given his Miranda warning before being questioned. In these circumstances, the court held that the defendant was not custody and the defendant’s statement that he just came from a bar was admissible.
In State v. Blair, a statement by an investigator to the defendant, while the defendant was in jail, that the defendant would “have a weight lifted from his shoulders” if he told what happened was not a promise of leniency and allowed the statements made by the defendant afterwards to be admitted.
Bottom line; it is almost always best not to discuss anything, whatsoever, about what happened with law enforcement unless you have your attorney present. Most attempts to explain what happen end badly and only serve to get you in worse trouble then before.