January 2, 2013

Registered sex offender says his rights violated

1-2-2013 Wisconsin:

A registered sex offender accused of exposing himself and making inappropriate advances to teenage girls wants his statements to police dismissed because, he claims, officers didn’t inform him of his rights.

In court documents, the attorney for Christopher R. Lucksted, 42, argues that Lucksted’s interview with police and any evidence derived from it should be tossed out because he wasn’t given a Miranda warning.

After an arrest and before questioning, police are required to explain a suspect’s constitutional rights regarding self-incrimination.

Lucksted, of Winneconne, is charged in Outagamie County Court with one count of exposing his genitals to a child and one count of attempted exposure. Judge Michael Gage will consider his suppression motion during a Jan. 8 hearing.

A 16-year-old Appleton girl told police in April that a man in a red car asked her to lift her shirt. A 14-year-old girl went to police on Oct. 15 after a man in a red car asked her if she wanted to make some money and whether she wanted a ride.

Police on Oct. 24 found Lucksted’s car, which matched the description provided by the girls.

An officer asked Lucksted to get into a squad car. He was questioned at the police department. Lucksted was told he wasn’t in custody.

Lucksted, however, wasn’t able to leave as police suggested, defense attorney Michael Petersen argues. ...continued... by Jim Collar

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