Any admission, confession or statement, written or oral, obtained from an accused person who has not been presented to the first session of the court, or on the day specified for arraignment under the provisions of section 54-1g, or who has not been informed of such person's rights as provided by section 54-1b or 54-64b, shall be inadmissible.
(1963, P.A. 126, S. 3; February, 1965, P.A. 436, S. 2; P.A. 76-336, S. 2; P.A. 80-313, S. 28; P.A. 03-19, S. 127.)
History: 1965 act added “or on the day specified in ... section 54-1b”; P.A. 76-336 substituted day “for arraignment under the provisions of section 54-63c” for day specified “in subdivision (1), (2) or (3) of section 54-1b”; P.A. 80-313 added reference to Sec. 54-64b and substituted reference to Sec. 54-1g for reference to Sec. 54-63c; P.A. 03-19 made technical changes, effective May 12, 2003.
Proof of voluntariness of confession prerequisite to its admissibility if made during illegal detention. 151 C. 246, see 371 U.S. 471. Cited. 154 C. 314, 321; 155 C. 124, 133. Confession inadmissible as defendant was not advised he could have a lawyer's services prior to interrogation and that he had right to stop answering questions at any time. 157 C. 384. Cited. 164 C. 402. Admission into evidence of custodial statements not violation of section. 167 C. 408. Cited. 187 C. 6. Exclusionary effects of this statute do not apply to violations of Sec. 54-63c. 195 C. 505. Cited. 236 C. 388; 240 C. 205. Section not applicable to suppress a statement that was elicited from accused before expiration of the first court session when his presentment still would have been timely; legislature's use of past tense in the phrase “has not been presented” evinces an intent that the violation of not presenting the accused person to the court in a timely manner already must have occurred when the statement is obtained in order for section to apply; section was intended to embody federal rules in effect when section was enacted in 1963. 317 C. 1.
Cited. 11 CA 238; 37 CA 252; judgment reversed, see 236 C. 388; 43 CA 209; 44 CA 162. Section renders inadmissible any admission, confession or statement given by an accused person who remains in state custody after the time at which he should have been presented in court; section does not invalidate all statements made by defendant prior to that time due to later, unrelated wrongdoing by the police in prolonging the period of his pre-presentment detention. 145 CA 547; judgment affirmed, see 317 C. 1.
Cited. 2 Conn. Cir. Ct. 573; 3 Conn. Cir. Ct. 346; 5 Conn. Cir. Ct. 35, 40.
Structure Connecticut General Statutes
Chapter 959 - Court Jurisdiction and Power
Section 54-1 and 54-1a. - Criminal jurisdiction of trial justices; of Court of Common Pleas.
Section 54-1b. - Arraignment of prisoner. Advice as to rights.
Section 54-1c. - Admissibility of confession.
Section 54-1f. (Formerly Sec. 6-49). - Arrest without warrant. Pursuit outside precincts.
Section 54-1l. - Short title: Alvin W. Penn Racial Profiling Prohibition Act.
Section 54-1n. - Complaint by victim of identity theft. Law enforcement agency's responsibilities.
Section 54-1o. - Electronic recording of custodial interrogations.
Section 54-1p. - Eyewitness identification procedures.
Section 54-1s. - Racial Profiling Prohibition Project Advisory Board. Membership. Duties.
Section 54-2. - Conviction and binding over by trial justice.
Section 54-2c. - Traffic violator need not appear in court, when. Schedule of fines established.
Section 54-2e. - Issuance of rearrest warrant or capias for failure to appear.
Section 54-25 and 54-26. - Release on recognizance. Witnesses in courts of other states.
Section 54-33. - Search warrants for gambling and lottery implements.
Section 54-33b. - Search of person.
Section 54-33c. - Warrant application, affidavits, execution and return. Copies. Orders.
Section 54-33d. - Interference with search.
Section 54-33e. - Destruction of property.
Section 54-33f. - Motion for return of unlawfully seized property and suppression as evidence.
Section 54-33i. - “Journalist”, “news organization” and “news” defined.
Section 54-33j. - Issuance of search warrant for property of journalist or news organization.
Section 54-33k. - “Strip search” defined.
Section 54-33l. - Strip searches. Procedure.
Section 54-33m. - Failure to wear seat belt not probable cause for vehicle search.
Section 54-33n. - Search of school lockers and property.
Section 54-33o. - Search of vehicle stopped solely for a motor vehicle violation.
Section 54-33p. - Restrictions on cannabis-related stop or search of a person or motor vehicle.
Section 54-34 and 54-35. - Search of person. Condemnation of gambling implements, notice.
Section 54-36. - Disposition of property held as evidence.
Section 54-36b. - Examiner of seized property, appointment, duties.
Section 54-36c. - Disposition of seized property on order of the examiner of seized property.
Section 54-36e. - Firearms and ammunition to be turned over to state police. Sale at public auction.
Section 54-36f. - Receipt for seized property to be given by law enforcement officials.
Section 54-36i. - Drug assets forfeiture revolving account. Allocation of moneys.
Section 54-36n. - Identification and tracing of seized and recovered firearms and ammunition.