supreme court cases involving interrogation

3d 406, 412 [118 Cal. Although there have been US District court decisions taking this position, to date most state courts have not accepted this reasoning and the U.S. Supreme Court has not addressed the issue in a drunk driving case. Suspect swallowed drugs to get rid of evidence, whereupon police hit him and jumped on his stomach to make him throw up the drugs; at the hospital a physician forced an emetic through a tube into his stomach. The Governor then has 60 days to choose the new justice. 2d 469, the officers informed a suspect (who was also a minor) that he had been accused of first degree murder and that he might go to the gas chamber. The defendant objected on the grounds that he could not cross-examine the woman, but the trial judge found the tape recording to be “reliable” since it had been taped by the police and admitted it for the jury to hear. The determination of whether a person is in police custody generally depends on whether a reasonable person in the suspect’s situation would perceive that she was free to leave the police interrogation. We think the following facts are significant: Defendant, while doubtless sophisticated for her years, was a 16-year-old girl; the officers failed to respond to any of defendant's repeated requests for the assistance of counsel; there was a relatively short time span between the two interviews during some of which time defendant had remained in the officers' presence; during the first interview defendant had several times been called a liar; the death penalty had been improperly mentioned; there were implications for leniency in the "principal vs. accessory" conversation. ; accord People v. Duck Wong (1976) 18 Cal. It doesn't happen often, but here are 10 Supreme Court cases that were overturned. In addition, the record indicates that the filmed reenactment of the killing was a direct product of the statements made by defendant at the second interview, and likewise must be considered involuntary and inadmissible. The determination of whether a person is in police custody generally depends on whether a reasonable person in the suspect’s situation would perceive that she was free to leave the police interrogation. This decision may be important in DUI cases, where judges have commonly permitted prosecutors to introduce police reports in lieu of the testimony of the police themselves. 0000004680 00000 n ), The clear implication of the officer's remarks was that unless defendant changed her story and confessed her true involvement in the crime, she would be tried for murder. (Italics added. 0000004140 00000 n You can either be a [20 Cal. In Blanton, the Court held that a citizen has a right to a jury trial only for “serious offenses”, not for “petty offenses”. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Jay M. Bloom and Harley D. Mayfield, Deputy Attorneys General, for Plaintiff and Respondent.

Rptr. No. [20 Cal. 658, 464 P.2d 114]; People v. Fioritto (1968) 68 Cal. At trial, defendant testified that she decided to make a second statement as a result of the pressure exerted by the officers during the first interview, including their references to the death penalty. At the commencement thereof, May established that defendant had requested the "re-interview," and that she was "now willing to talk ... without an attorney present." 2d 238, 250-251 [36 Cal. Defendant replied, "Well I don't have any money to get a lawyer or nothing like that." The Federal Rules of Evidence, (FRE 702) permits an expert to give his opinion “if scientific, technical, or other specialized knowledge will assist the trier of fact…” In this case, the trial judge excluded expert opinion testimony as to tire design because he found it unreliable. (People v. Sanchez (1969) 70 Cal. 1 In accordance with Supreme Court Rule 37, amici curiae state that no counsel for a party authored this brief, in whole 2d 714, 720), whereas wrongful introduction of an admission is deemed prejudicial unless the People show beyond a reasonable doubt that the error complained of did not contribute to the verdict (Chapman v. California (1967) 386 U.S. 18, 23-24 [17 L. Ed. (Italics added.) “Due Process” is a vague term, but it prohibited “conduct that shocks the conscience.” In California , it is rare for police to use violent means to obtain a blood sample from a resisting DUI arrestee, since they will just call it a “refusal” and you will lose your license for 1 year.

(Italics added.) In other words, a “bad stop” usually results in the case being thrown out. (Ibid.

<<52A76DBFBDF4D04BA6E3CFE27DFD8370>]/Prev 256392>> This was the fourth time during the interview that defendant had asked for an attorney to assist her. Rptr. We recognized that such conduct amounted to both a threat and an implied promise of leniency, rendering the subsequent confession inadmissible. The Court stated that the Sixth Amendment right to counsel applied not just to federal courts but to the states through the Fourteenth Amendment, and this “right to counsel” included the right to one even if one could not be afforded: “lawyers in criminal courts are necessities  not luxuries. U.S. Supreme Court Edwards v. Arizona, 451 U.S. 477 (1981) Edwards v. Arizona No. Thus in making an independent examination of the record to ascertain whether defendant's statements were voluntary we follow a practice of the United States Supreme Court which is both well established ... and currently adhered to.

Based upon our independent review of the record, we will conclude that both the statement and the reenactment were involuntary, being induced by implied threats of punishment and promises of leniency; that the error in admitting this evidence was prejudicial; and that accordingly defendant's conviction must be reversed. ", Thereupon, defendant explained that Mrs. Mills had picked up Sonny and her while they were hitchhiking; that they stayed at Mrs. Mills' cabin for a few days at her invitation; that Mrs. Mills left to visit friends; and that when she failed to return, defendant and Sonny notified the authorities. Rptr. of Supreme Court of California opinions. Questions? 3d 231]. 633-634.). Note: In California, you do have a right to a jury trial for a DUI. Become your target audience’s go-to resource for today’s hottest topics. ]. h�b```b``vb`2 Thus, the resolution of defendant's Miranda contention requires us to resolve her second main contention: that she did not voluntarily initiate the second interview with the officers. When a new justice needs to be chosen, the Indiana Judicial Nominating Commission will provide the Governor of Indiana with a list of three nominees. Rptr. [Citations.]"

798, 542 P.2d 1390].) The US Supreme Court was formed in 1789. The Appellate Court further held, however, that the caseworker and officer were immune from liability based on the qualified immunity doctrine. H��S=O1��_�17pr�kDl, QĀB@� Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. (Ibid.) Berkemer v. Mc CartyThe Supreme Court is called upon to apply Miranda to a drunk driving case: When is a suspect “in custody” for purposes of determining whether the Miranda warnings must be given before questioning?

We noted that "When the benefit pointed out by the police to a suspect is merely that which flows naturally from a truthful and honest course of conduct," the subsequent statement will not be considered involuntarily made. 0000000716 00000 n Yet the interrogation continued, the officers describing the various items of incriminating evidence which they had marshalled, and urging defendant "to tell your side of the story.

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