Commonwealth v. McDowell

The court will not suppress the defendant’s statement to a magistrate that “It’s all mine. I f*cked up.”

Immediately after his arrest, the defendant invoked his right to remain silent with police. However, when appearing before the magistrate who advised him that anything he said could be the subject of police testimony, the defendant responded with the potentially incriminating statement. The magistrate wasn’t required to read the defendant full Miranda warnings; her statement was sufficient under Virginia law to advise the defendant of his rights at that time.

Motion to suppress denied.

Commonwealth v. McDowell, No. CR18-2066, Jan. 29, 2019. Norfolk (Hall).



Categories: Opinions, Virginia Circuit Courts

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