Legal Opinion

Commonwealth v. Helvenston

Norfolk County Circuit Court

Decided December 28, 2010No. Case No. (Criminal) CR09-2330Published

1Opinion of the Court

By Judge Norman A. Thomas

This matter came before the Court on October 14, 2010, on the Commonwealth’s motion to retain certain statements by Helvenston while detained by the Norfolk Police Department. Both the Commonwealth and the Defense submitted briefs. After considering the arguments, the Court grants the Commonwealth’s motion to retain statements made by Defendant at the Police Operations Center outside of the presence of law enforcement officers. Investigators compromised neither Defendant’s Fourth nor Fifth Amendment rights.

Background

The Commonwealth and Defendant agree on the history…

2Cases cited13 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Edwards v. ArizonaSupreme Court of the United States · 1981
  4. Rhode Island v. InnisSupreme Court of the United States · 1980
  5. United States v. WhiteSupreme Court of the United States · 1971

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