The Massachusetts Supreme Judicial Court recently reversed the conviction of William Santos, who in 2008 was convicted of the Murder of Luis Daniel Rodriguez during an alleged drug deal. Declaring that certain evidence was improperly admitted at his trial, the court has ordered a new trial.
Prior to his trial, Santos had argued that certain statements he allegedly made to police should have been excluded from trial because he had invoked his constitutional right to remain silent and asked to speak with an attorney. At the time, the judge in the case ruled that he wasn’t in ‘custody’ and therefore, Miranda warnings are not required. The prosecution also pointed out that despite asking for an attorney, he continued to speak to police.
Miranda warning are technically only necessary when the person is subject to interrogation by law enforcement AND he is in custody or in a custodial setting.