Damico & Stockstill, Attorneys at Law

Improper police procedure can affect integrity of criminal case

A 26-year-old Baton Rouge man was recently arrested on accusations that he owned videos containing child pornography. The State Attorney General's Office said on Friday that the man had been arrested on counts of pornography involving juveniles and unauthorized use of wireless technology to download pornography involving juveniles.

Sources say that Investigators from the attorney general's High Technology Crime Unit searched the man's home on Friday and found around 50 files involving child pornography. The content of the videos-acts of rape upon young children-is disturbing, making the case a difficult one from the defendant's perspective.

According to investigators, the man admitted to downloading the child pornography while at work. This is an interesting point, and touches on a topic which might be worth looking at in general.

Admissions of guilt are important to look at when handling a criminal defense case. Without commenting on this case at all, it does happen that admissions of guilt are not properly received by police. When this happens, it can affect the integrity of the prosecution's case.

Admissions of guilt made outside court to a police officer may be introduced as evidence in a criminal case, provided the defendant was given the proper warnings as to his or her rights. These are known as the Miranda warnings. Sometimes police get caught up in an investigation and forget to follow proper procedure, and start taking admissions of guilt without following the proper procedure. It is important to look carefully at this issue when building a criminal defense case.

Even in disturbing criminal cases, it is important that defendants have their rights protected and their case tried properly.

Source: The Advocate, "Police and fire briefs for April 7, 2013," April 8, 2013

No Comments

Leave a comment
Comment Information
Email Us For A Response

Need Help From An Experienced Team Of Trial Attorneys?

Use the form below to contact our attorneys directly. Contact us right now.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our lawyers have over 50 years of combined experience and are AV-rated* under Martindale Hubbell's peer review rating system.

*CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards.

Damico & Stockstill, Attorneys at Law

8048 One Calais Avenue | Suite A | Baton Rouge, LA 70809-3483 | Phone: 225-250-1812 | Fax: 225-769-0195 | Baton Rouge Law Office Map