Miranda warning given during police interview makes confession admissible

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A defendant’s confession made during a police interrogation is admissible because while officers questioned the defendant in what they called a “pre-interview,” they Mirandized him before he confessed.

The defendant, Robert Hicks, appealed his conviction of murder and 55-year sentence for the death of girlfriend Anna Jochum. He claimed the admission he made of striking and then stabbing Jochum should have been suppressed, in part, because the police engaged in a “question-first, Mirandize-later” approach to his interrogation.

Hicks pointed to Missouri V. Seibert, 542 U.S. 600 (2004) where the Supreme Court of the United States threw out statements police obtained by using an interrogation technique where they  purposefully withheld Miranda warnings until after the suspect had confessed. Then they Mirandized the defendant and got a second, similar admission of guilt.

Although Indiana courts have applied Seibert to situations in which a Miranda advisement was given after a defendant confessed, the Indiana Court of Appeals found that is not what happened to Hicks.

He agreed to accompany officers to the police station and answer their questions. When he admitted to having been in an argument with Jochum, officers read Hicks his Miranda rights. He then provided more details about the argument and his actions. In an interview the next day, before which he was again Mirandized, he talked more.

The Court of Appeals held Siebert did not apply because Hicks confessed after being read his Miranda rights. It affirmed his conviction and sentence in Robert E. Hicks v. State of Indiana, 82A01-1306-CR-256.



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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

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  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon