Dee Burgin

Edgar County Deputy Dee Burgin – Admits to not reading Miranda rights to plaintiff – State Case dismissed

Dee Burgin, an Edgar County Deputy whose past is riddled with enough malfeasance, deception, and corruption has once again put the county at risk of yet another financial hit in a Federal Civil Rights law suit.

As we reported in this article, Burgin is involved in not one but two current Federal Civil rights cases.  Let’s not forget the one he lost that cost the county several years ago, (Civil Rights Verdict – Guilty).  Shortly after that verdict, he was terminated and the union came to his defense even though he was never hired properly as a peace officer.  Remember, we are in Edgar County where Sheriffs and deputies can seize guns and sell them, even with filed off serial numbers, in violation of Federal and State law and never face prosecution (here).

This particular federal case has a new twist. The person who brought the action, after being arrested and charged in Edgar County, has now had the case dismissed and the information once again points to Dee Burgin being a huge liability to the taxpayers of this county.

  • At that time, without first advising Plaintiff of his Miranda rights, Defendant Burgin began interrogating Plaintiff about drugs and attempting to elicit incriminating statements from Plaintiff.
  • Defendant (Burgin) admit that Plaintiff was not advised of his Miranda rights and that Burgin questioned Plaintiff about the crushed powder he had recovered from Plaintiff’s person during the custodial search.
  • At that time, Plaintiff demanded to speak with a lawyer but Defendant Burgin refused to release Plaintiff from the handcuffs and refused to provide Plaintiff’s cell phone to him in order to call a lawyer. Instead Defendant Burgin continued interrogating Plaintiff about drugs, without advising Plaintiff of his Miranda
  • Plaintiff was charged with four counts of felony drug offenses in Edgar County Case 16-CF-15.
  • Because the consent to search and incriminating evidence was obtained only by threats, duress, coercion, and the violation of Defendant’s Miranda rights, the consent was invalid and all evidence seized and statements obtained as a result of these constitutional violations must be suppressed as the fruit of the poisonous tree.
  • On December 12, 2016, Edgar County Case 16-CF-15 was nolle prosse’d by the State’s Attorney and case dismissed without conviction, as a direct result of evidence heard during a hearing on Plaintiff’s Motion to Suppress Evidence.

With the State case dismissed, compounding the facts of this case with the past negative history of Deputy Burgin, we place our bets on Burgin losing this case, which equates to the taxpayer once again paying.

A copy of the Federal Filings can be downloaded below.

This same deputy is currently on his third amended plan to his bankruptcy, filed just over two years ago, which reflected secured and unsecured liabilities totaling $483,382.37.  Those records point to another bankruptcy filing in 1997.

As we have suggested many times, it’s time for Edgar County to take appropriate steps to remove this officer from employment as his actions have proven to be in violation of a person’s Civil Rights and a liability to the county. With a past guilty finding of civil rights violations and now two more federal cases moving forward, we wonder what it takes to take a cop like this off the street?

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6 replies »

  1. Hmm, this was by a Consent to Search? I WILL say, I’ve seen people clearly and voluntarily consent to search, only to get into a suppression hearing and testify that they did NOT give voluntary consent. Evidence of a voluntary consent, alone, may have provided the SA enough impetus to file the charges…and rightly so, at that point in the case. That’s what suppression hearings are for…to sort out the facts (stories) and allow the judge to make a decision.

  2. This brings up some questions: (1) Who in the SA’s office read his arrest report and approved the charges ? (2) Did he write his ORIGINAL arrest report in a manner that accurately depicted the facts as revealed in this hearing ? (3) If the report was written accurately, WHY were the charges filed, knowing that he failed to mirandize (unless SA office believed there was sufficient evidence – absent the introduction of the confession evidence – to sustain a conviction) ? (4) IF the report was NOT written in a manner to accurately reflect the facts…what is the next step to address that action, both by the Sheriff and Merit Commission? Even if the report was written accurately, one should wonder what the next step will be . Just sayin’.

    • Any merit or other commission is useless in Edgar County…because…”due to the passage of time”… – damn what the law says – everything is valid and legal according to our circuit court.

  3. G. Barraclough, you make an interesting point. This never occurred to me. You make me wonder how Chicago has been able to keep and/or maintain coverage.

  4. The dispositive factor for Dee Burgin might be Edgar County’s insurance carrier. The insurance company that issues the county false arrest insurance and/or excess coverage, may increase the premiums to an unsustainable level or just terminate the policy unless the county terminates Burgin. The voters of Edgar County might put up with paying multiple judgements but private industry insurance companies will not.

    Dee might be the focal point of the next election for Edgar County Sheriff.

    There is only one thing in life worse than being talked about, and that is not being talked about.

    Oscar Wilde

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