ILNews

IBA: Interrogations - Indiana to Provide More Safeguards; SCOTUS Takes Some Away

Back to TopCommentsE-mailPrintBookmark and Share
Bell James Bell
klem-meaghans-mug Klem

By James J. Bell and Meaghan E. Klem, Bingham McHale LLP

The effective date of Rule 617 of the Indiana Rules of Evidence is only a couple of weeks away. Rule 617 provides procedural safeguards for suspects in “Custodial Interrogation in a Place of Detention.” Rule 617 prohibits the admission of a statement of a defendant “[i]n a felony prosecution, . . . unless an Electronic Recording of the statement was made, preserved, and is available at trial.” While this Rule has several exceptions, its safeguards provide assurances that evidence of a suspect’s statements will be accurate when admitted at trial.

While the Supreme Court of Indiana is adding procedural safeguards to police interrogations, during its last term, the Supreme Court of the United States chipped away at a suspect’s Miranda rights. As shown below, in Florida v. Powell, Maryland v. Shatzer, and Berghuis v. Thompkins, the Court diminished the government’s burden in complying with Miranda and made it more difficult for a defendant to invoke his Miranda rights.

In Florida v. Powell, 130 S. Ct. 1195 (2010), the defendant was arrested and, prior to being interrogated, was read the police department’s “Consent and Release” form. This form warned the defendant that he had the right to talk to a lawyer before answering any of the officers’ questions and that if he could not afford a lawyer, one would be appointed before questioning. He was further told that he had the right to assert any of those rights at any time during the interview. During the course of the interrogation, the defendant made inculpatory statements. On appeal, the defendant argued that he was not properly informed of his Miranda right to have counsel present during his questioning. However, the Supreme Court found the warning provided to the defendant to be sufficient. “In combination. the two warnings reasonably conveyed Powell’s right to have an attorney present, not only at the outset of interrogation, but at all times.” Id. at 1205.

In Maryland v. Shatzer, 130 S. Ct. 1213 (2010), the Court limited the holding in Edwards v. Arizona, 101 S. Ct. 1880 (1981). Edwards created a presumption that once a suspect invoked his Miranda right to the presence of counsel, any waiver was to be deemed involuntary. Shatzer addressed a circumstance in which a suspect’s protections under Edwards expired.

In Shatzer, the defendant was imprisoned for one crime, and a detective attempted to interrogate him for a second crime. In the interrogation, the defendant was read his Miranda rights and invoked his right to have counsel present. The detective terminated the interview, and the defendant was released back into the general population of the prison. Two years later, a different detective went to the prison and again attempted to interrogate the defendant. On this occasion, the detective read the defendant his Miranda rights, and the defendant waived his right to counsel and made incriminating statements.

On appeal, the defendant argued that a mere passage of time did not terminate his Edwards protections. However, the Supreme Court held that because the defendant experienced a “break in Miranda custody” that lasted more than two weeks, suppression of the statement was not required. Id. at 1227. In reaching this decision, the Court noted that the purpose of Edwards was to prevent police from “badgering” a suspect. According to the Court, a suspect would be more likely to be coerced into making a statement if he was left in uninterrupted Miranda custody. However, when a suspect receives a “break in custody” and is allowed to return to his normal life, there is less likelihood of coercion.

Finally, in Berghuis v. Thompkins, 130 S. Ct. 2250 (2010), the Court considered a case where the defendant was arrested and interrogated for three hours. He was advised of his Miranda rights but remained largely silent for hours. Despite remaining silent, he never explicitly stated that he wished to invoke his Miranda rights. At the end of the interrogation, the defendant answered ‘yes’ to the question of whether he had prayed for forgiveness for his crime.

Ironically, the Court held that silence was not sufficient to invoke one’s right to silence. As pointed out by Justice Sotomayor’s dissent, in order to remain silent, one must “counterintuitively” speak. Id. at 2278. The Court held that a suspect must unambiguously invoke his right to remain silent. The defendant’s response to officers after hours of questioning demonstrated an implied waiver. Because proper warnings had been given and the defendant remained silent, there was no other coercion, and his eventual response constituted a waiver.•
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT