Can statements made to police be used in court if police did not issue or advise the Miranda warning?

A friend of mine was arrested and taken into police custody recently on an assault charge.

She is now facing a jury trial soon with the assault charges being pressed by the city attorney, not the victim.

It is my understanding that a criminal suspect must be issued the Miranda warning before they are asked guilt-seeking questions relating to the commission of a crime.

The city attorney has indicated their primary evidence proving my friend is actually guilty of this assault is her statements made to police at the scene of the incident.

She was never issued the Miranda warning prior to, or after, being questioned. Not while being detained nor when she was cuffed and put into the police car, not at the police district sub-station, the city jail never.

Can her statements then be used as admissible evidence to convict her of this crime?
Additional Details
My friend was taken inside the house and told to take a seat on the couch by the lead officer. She was told not to leave the couch and was surrounded by at least 3 or 4 officers. It was during this period of being in a custodial situation that she was questioned and made the self-incriminating statement/s.

trooper3316

Miranda is required only when both the following exist:
1. She have been arrested, and
2. you are being asked questions about the crime you are under arrest for.

Questioning someone in their own home does not require Miranda, unless they have been arrested. Being surrounded by cops and told not to leave is arguable, but not absolute.

Eight Man

the 17 year veteran cop was close. the supreme court has stated that when two conditions are met a suspect must be read their Miranda rights for any future statements to be admissible in court.

One questions must be asked regarding the investigation of a crime for which said person is suspected.
and two
(supreme court verbage) a reasonable person in the same situation must feel that they would not be free to leave...which is obviously the case if the whole sit on the couch thing and don't leave is true.

Police make a very concerted effort to get Miranda warnings on tape at least once if not twice, if your friend is telling the truth and the admission of guilt is the ONLY thing that makes her appear guilty enough to be convicted, she may have a valid issue for the case to be dismissed.

but as another poster already said, this sounds like a domestic disturbance call where she was told to sit on the couch for her own safety and no questions were being asked of her, she just volunteered information thinking that since she was the female it's always the guy that gets taken away in these situations, not so anymore, and she may have to learn that the hard way if that is the case.

dsan

maybe instead of trying to weasel out of it and wasting the courts time and money she should plead guilty and accept punishment for her crimes

JelloCop

Did they sit down and question her?

Additional - I meant, did the interrogate her? Investigating the initial offense is not a reason to give someone a warning.

It sounds like she was involved in assaulting/threatning a family member. The evidence used against her was not provided by her, it was provided by the victim.

Del

your friend may have made spontaneous statements, meaning, that even before the cops asked her anything she started talking. such as "i didn't mean to do it", or "It was an accident, i didn't mean to stab her". the above statement are all admissible in court.Most if not all cop read miranda rights, but lets not be stupid now, everyone knows there miranda right. Your friend's case would have been dismissed in the preliminary trial if there was a miranda rights's issue. basically its your friends word against the cops word, if miranda rights were read or not, and its not looking good for your friend. just imagine how many people would walk if they simply stated their rights's weren't read, this is the oldest trick in the book, and unlikely to work. You do the crime, you pay the time.

Dat Dude

if the questions were prior to arrest then she's screwed...
but if they're after arrest, then they have to issue miranda only if they are questioning the individual.

she was never truly under arrest... therefore the statements will be legally used against her in court.

Lexie

As you gathered from some of the answers, the admissibility of statements taken by the police is a complicated issue. Before trial there will be a hearing to determine whether the statements are admissible at trial. This involves calling witnesses, legal arguments by the attorneys, and a ruling by the judge.

Your friend's lawyer can give your friend his or her opinion about whether the statements are likely to come in. But, as has been pointed out, it is often arguable either way, and will be up to the court to decide.

claudiacake

I really suspect your friend's interpretation of "being questioned" is considerably short of the legal definition. Police do NOT overlook Miranda warnings, but, contrary to popular depiction on tv shows; police in the field seldom "read a suspect his/her rights". That is generally done at arraignment, which comes long after being detained, being cuffed, being put into the police car, being taken to the district substation, and being delivered to the city jail.
Being told to sit on the couch and not leave is called "containment of the scene". I am sure the "questions" she was asked were basic fact-establishing information, and NOT interrogation. Hence, no "reading of rights". (That is SO overworked by people trying to get out of something).
In a case of "he said that; she said this", how do you suppose the police sort out what happened without asking questions?
The fact that she ran off at the mouth is not the fault of the police officers.

The Notorious White Moth

Is your friend a US citizen who is aware of her fifth amendment rights? If so, Mirandizing would just telling her what she already knows. If not, I'm sure she'll be spending a lot more time in court.

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