Wednesday, February 14, 2007

S.C. Supreme Court refuses to suppress recorded conversation of suspects in police custody

In State v. Turner, two suspects were arrested, read their rights, and placed in the back of a police car. The officer turned on recording equipment which captured an incriminating conversation between the two suspects. At trial, the suspects argued that the conversations should have been suppressed. The Supreme Court agreed that the tape should not have been suppressed. Miranda was not implicated by the taping of the suspects while in the police vehicle because, while they were undoubtedly in police custody at the time of the recording, there was no actual interrogation or functional equivalent.

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