SANTA FE, N.M. (AP) - A New Mexico Supreme Court decision says a police officer’s questioning of an Albuquerque man being detained before getting a Miranda warning didn’t violate his constitutional rights against self-incrimination.
The justices’ decision Thursday reversed a lower court’s ruling that the man was entitled to a new trial because the officer asked him about whether the officer should know about anything in the man’s possession.
The man had replied that he had methamphetamine on him, and methamphetamine found on the man was used as evidence during a trial that led to a drug possession conviction..
The Supreme Court’s majority said the officer’s question to the man didn’t violate the Fifth Amendment because police can ask questions to protect public and officers before giving a Miranda warning.
The case now goes back to District Court for consideration of other legal issues.
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