- Harris v. New York (US 1971)
- 401 U.S. 222
- prior statement showed that he knew the powder was her*in, was suppressed under Miranda; Δ took the stand and testified that he had sold white powder to agent, but said it was baking powder; on cross, judge allowed prosecutor to ask Δ about those prior statements; Δ was convicted.
- question: does suppression prevent government from using suppressed statement to impeach where Δ takes witness stand and denies elements of charge.
- holding: no, suppression doesn’t go this far.
- if Δ doesn’t take the stand, the statement can’t be used; but if Δ does take the stand, and testifies inconsistently with prior statement, Δ loses protection of Miranda suppression rule.
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Thursday, September 6, 2012
Harris v. New York case brief
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