Commonwealth v. Simon

In this interlocutory appeal, we determine that the presence of counsel during police questioning of a suspect, when the suspect has had an opportunity to consult with counsel beforehand, substitutes adequately for the giving of Miranda warnings, see Miranda v. Arizona, 384 U.S. 436, 444 (1966) {Miranda). We affirm the Superior Court judge’s decision denying the defendant’s motion to suppress statements he made during such questioning. In addition, since most of the statements made by the victim during an emergency call to a 911 dispatcher were made to obtain urgent medical attention and,…