Miranda — waiver, drug overdose

Posted May 18, 2021 11:32 AM

Where defendant was in the hospital recovering from heroin overdose and repeatedly lost consciousness, district court was required to make finding regarding whether defendant was capable of waiving Miranda rights.The 7th U.S. Circuit Court of Appeals reversed a decision by Judge Sue E. Myerscough, Central District of Illinois. Police arrested Jeremy Outland in November 2017 for selling heroin. While on the way back to the local drug enforcement agency office for questioning, Outland consumed 3.5 grams of heroin he managed …

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