Are Statements Made After Suspect Is In Custody and Emergency Situation Is Over Admissible ?
In State v. McKenzie, Cuyahoga App. No. 87610, 2006 Ohio 5725, the responding officer observed the victim running out of an apartment waving her arms and yelling.
The victim identified a man walking down the street as the person who had just hit her. Id.
After the suspect was placed in the police car, the officer conducted a further interview with the victim. Id. the Court found that the statements of the victim identifying the defendant as the person who had just hit her were primarily intended for police assistance and were admissible. Id.
However, the statements made after the suspect had been detained in the police car were found inadmissible since there was no longer an immediate threat to the victim. Id.
Thus, only statements that were made after the suspect was in custody and the emergency of the situation had concluded were found to be inadmissible.