Jonesboro (KAIT) -- Attorneys for Westside shooter Mitchell Johnson have filed a motion to suppress comments he made when he was arrested in Fayetteville in January of last year.
Mitchell Johnson is facing charges of possession of marijuana and possession of a firearm.
"Nearly any situation where a defendant has given a statement that may be damaging to his case, there will be a motion filed to suppress that statement based on a failure of the defendant to be advised of his constitutional rights prior to the statement being taken," said Prosecutor for the 2nd Judicial District, Brent Davis.
Attorneys for Westside shooter Mitchell Johnson say he wasn't read his Miranda Rights upon his arrest in Fayetteville last January.
Because of that, attorneys say some of his comments while in police custody can't be used against him in his upcoming federal trial on drug and firearms charges.
"How important that statement or series of statements may be just depends on what the other evidence is," said Davis.
Johnson's attorneys say police officers repeatedly engaged Johnson in conversation about the search for drugs in his vehicle, often eliciting incriminating responses as to Johnson's use of marijuana.
His attorneys allege because Johnson wasn't read his rights, those comments shouldn't be allowed in court.
Prosecuting Attorney Brent Davis says in general, motions to suppress comments aren't uncommon.
"It would be more uncommon for it not to happen when a defendant has made a comment that is damaging to his case," said Davis.
Davis says sometimes a statement suppressed can be fairly minor because of other evidence in the case, and additional statements made in other circumstances that can be used in court.
Jack Schisler is Mitchell Johnson's attorney.
Brent Davis is the Prosecuting Attorney for parts of Northeast Arkansas for the state and has nothing to do with Johnson's upcoming federal trial.