Commonwealth v. Payne

By JUDGE JAY T. SWETT

The defendant has moved to suppress certain statements he made on the evening of December 18, 1989, while at the apartment of his girlfriend where he was living at the time. The defendant also asks for the suppression of a written statement made later in the evening while he was detained at the Charlottesville Police Department. The basis for the motion is twofold. The first is that Mr. Payne was not told of his rights as required under Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602 (1966). The second is that, assuming Mr. Payne was given his Miranda rights, the…