My Associate, Kayla Fahey successfully convinced a Lowell District Court judge to suppress her client’s incriminating statements made to the police during a traffic stop. During the Motion to Suppress hearing, Attorney Fahey elicited testimony from the police officer that despite knowing her client was under the influence of drugs, and unresponsive at times, he continued to question him. After argument, the Judge agreed with Attorney Fahey that her client’s statements were not made freely and voluntarily and should be suppressed.
When statements are made to the police, a factor to consider is the person’s mental condition, including whether they were under the influence of drugs or alcohol, at the time the statements were made. If a person’s mental state is compromised, then it can be argued that their statements were not a product of a rational intellect or free will, and therefore, should not be used against them.
Way to go Kayla!