Pirtle rights are specific to Indiana. Miranda requires police to warn a suspect before conducting a custodial interrogation. Pirtle requires similar legal warnings before an individual who is in custody can consent to a search. Pirtle is specific to Indiana. Most people are familiar with Miranda warnings, but Pirtle warnings are often overlooked, by both police officers and attorneys. Pirtle holds that “a person who is asked to give consent to search while in police custody is entitled to the presence and advice of counsel prior to making the decision whether to give such consent.”
– Δ was arrested for possession of a stolen car. Δ was placed in the back seat of An officer entered the car to look for the owner’s registration and saw the handle of a gun. Another officer removed the gun. Δ was taken to a police station and interrogated. Δ later signed a waiver allowing a search of his apartment. During a search of the apartment, officers found the wallet of a victim of a homicide. Officers also met two men who confessed that they assisted Δ in the homicide. Δ was charged with and convicted of murder. Δ appealed, arguing that the search of the car and the search of his apartment should have been suppressed. “We hold that a person who is asked to give consent to search while in police custody is entitled to the presence and advice of counsel prior to making the decision whether to give such consent. This right, of course, may be waived, but the burden will be upon the State to show that such waiver was explicit, and, as in Miranda, the State will be required to show that the waiver was not occasioned by defendant’s lack of funds.” Any evidence found as a result of a Pirtle violation must also be suppressed as “poisoned fruit.” Pirtle v. State, 323 N.E.2d 634 (Ind. 1975).
DISCLAIMER – The information contained on this website is provided for educational and informational purposes only, and should not be construed as legal advice or as an offer to perform legal services on any subject matter. The content of this web site contains general information and may not reflect current legal developments or information. The information is not guaranteed to be correct, complete or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any other website to which it is linked. Recipients of content from this site should not act or refrain from acting on the basis of any information included in the site without seeking appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.