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A statement made by a suspect while under the effects of medication would not be admissible in a criminal proceeding against that individual IF there is evidence that the medication impaired the individual's thinking. The court must consider the defendant's physical and mental state and any substances that effect the individual's free will in confessing.
The Fourteenth Amendment to the United States Constitution and Article I, sections 7 and 15 of the California Constitution bar the use of involuntary confessions against a criminal defendant. For a confession to be voluntary it must be “the product of a rational intellect and a free will.” If the effect of the medication is to impair the intellect and free will then the statement is not voluntarily given.
Here are a couple cases for you to get started with:
Jackson v. Denno (1964) 378 U.S.368, 385-386, People v. Benson (1990) 52 Cal.3d 754, 778.
Townsend v. Sain, 372 U.S. 293 (1963) (suspect was administered drug with properties of ''truth serum'' to relieve withdrawal pains of narcotics addiction, although police probably were not aware of drug's side effects).
Here are some additional resources that may help:
The remedy is to file a Motion to Suppress the statement (also known as a Motion in Limine). This is filed prior to the trial. An affidavit from a physician describing the effects of the medication would be used in support of the Motion.
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