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Man who threw up wants his conviction
thrown out.
You have the right to remain silent, but what if you
vomit evidence before police read you your rights?
Vincent Betances wants his drug-dealing conviction thrown out, arguing
that eight bags of heroin he threw up after emergency medical treatment
should never have been admitted into evidence.
He contends police illegally seized the evidence from an ambulance after
asking him if he'd swallowed heroin - but (here's the clincher) before
reading him his rights.
The state Supreme Court heard arguments in the case is expected to issue a
ruling this summer.
Betances was arrested on drug charges in New Haven on June 20, 2000.
Police said he was holding 30 bags labeled "The Cure."
While handcuffed and in a police cruiser, Betances began sweating
profusely, turned pale and had difficulty breathing. Betances admitted he
had swallowed four bags.
A paramedic gave Betances a medication to prevent the body's absorption of
the drugs. A short time later Betances threw up eight bags of heroin,
which were seized by the officer.
Assistant State's Attorney Toni Smith-Rosario argued that police should
not be penalized for protecting the public, including defendants in their
custody.
"Most defendants are grateful when police save their lives," Smith-Rosario
said.
Suzanne Zitser, a public defender representing Betances, countered that
exceptions to the Miranda warning must satisfy stringent requirements.
"It's not even a close call in this case," Zitser said. "There was no
threat to the public or police officer safety."
Source: CNN.com, "Man who threw up wants
conviction thrown out," April 24, 2003.
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