Section 11.39 Use of Suppressed Statements at Trial

• Library: Criminal Practice 2012 Supp

VIII. (§11.39) Use of Suppressed Statements at Trial

The basis on which a statement is suppressed will determine the guidelines for use of the statement at trial. A confession that was suppressed because it was involuntary may not be used for any purpose because it was found to be untrustworthy. Mincey v. Ariz., 437 U.S. 385 (1978). A confession that is only violative of Miranda v. Arizona, 384 U.S. 436 (1966), however, may be used to impeach the defendant. Harris v. N.Y., 401 U.S. 222 (1971); Or. v. Hass, 420 U.S. 714, 722–24 (1975); State v. Thomas, 698 S.W.2d 942, 948 (Mo. App. S.D. 1985). The government may also use Miranda...