3d 231]. Detective May informed her that because she had requested an attorney he could not discuss the matter with her unless she initiated the conversation. (People v. Sanchez (1969) 70 Cal. Landmark case in which the U.S. Supreme Court established the “Exclusionary Rule” by holding that “all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court.”. ), The interrogation continued, and Sergeant Edmonds declared that although the officers had gathered much information about the murder, "... we're not going to tell you what we know. 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. Defendant replied, "Well I don't have any money to get a lawyer or nothing like that." In Camreta v. Greene, an Oregon child protective services caseworker and a police officer interviewed a nine-year old student regarding allegations that the student was sexually abused by her father. ]. [20 Cal. 3d 229] 444, 462-463 [75 Cal. We noted that "This appears to be more than merely pointing out to a suspect that which flows naturally from a truthful and honest course of conduct. 2d 705, 710-711, 87 S. Ct. 824, 24 A.L.R.3d 1065]; People v. Spencer (1967) 66 Cal. trailer The second interview was conducted by Detective May at the San Mateo County jail in Redwood City and was also tape recorded. Because the case was moot, the Court vacated the portion of the lower court’s ruling regarding the alleged Fourth Amendment violation. The court decided that the privilege against incriminating oneself applies only to oral and written communication or testimony, not to physical evidence, and blood tests are not due process violations if taken under humane and medically accepted circumstances. At trial, Shatzer moved to suppress the statements he made in 2006, arguing that the police’s re-interrogation violated the Supreme Court’s decision in Edwards v. Arizona , which held that, once a suspect requests counsel, the police and/or prosecutor may not subject that suspect to further interrogations until counsel is made available.

52-53.) 2d 629, 632 [15 Cal. Defendant was charged with selling marijuana; and then charged civilly for a failure to pay a tax on the weed. We don't know. If there is a vacancy, the most senior justice currently serving on the Court will become the Acting Chief Justice until the appointment of a new Chief Justice. The Appellate Court further held, however, that the caseworker and officer were immune from liability based on the qualified immunity doctrine. ), Two cases which apply the foregoing general rules involved fact situations closely paralleling those in the present case. 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. After his arrest, a drunk driving suspect was given field sobriety tests at the police station. Code, § 187.) H��R9n1T�W����(����8p����� ���^g�.Hc� xh�R�����&fp���P���{O�����ݨ{(u��Q��mlDo���F��=_�|L��c�X4t�B`�P1xb�'�`�u3�3�e�fK$8T�禂Q�V��w�so��&��ʭ� �C�Ђ����ԏ��͌��Q�pLI&��)�y�������O�r�M�՘��D���L�*���s�2~��^�'M��$8�w�����n���\�D0j r���������X�nT]��M�* �Fe?R"�������B�/ ٰ � Was the Second Interview Initiated Voluntarily? The offer or promise of such benefit need not be expressed, but may be implied from equivocal language not otherwise made clear. Subscribe to Justia's Free Summaries 3d 223], Despite defendant's immediate request for an attorney, the officers continued to interrogate her. The United State Supreme Court recently decided two cases involving non-school officials’ interrogations of students on school grounds. The People concede that the officers violated defendant's Miranda rights when they ignored her repeated requests for an attorney to assist her, and that accordingly the text of her first statement was properly ruled inadmissible. Following the interview, defendant remained in police custody. Basically, an offense punishable by six months in jail or less is a “petty offense”,  except in rare cases where additional statutory penalties indicate a legislative intent to consider the offense a “serious” one [such as license suspensions, fines, schools and ignition interlocks?]. Defendant denied that she or Sonny had murdered Mrs. Mills, stating "I mean we did do some things wrong which I'll discuss with my lawyer, but we did not kill Mrs. Mills and we don't want to be blamed for that." As Gault confirmed, “civil labels and good intentions do not themselves obviate the need for criminal due process safeguards in juvenile courts.” ), In response to the officer's discourse, defendant asked for a further explanation of the difference between a principal and an accessory. It seems likely that defendant would not have admitted killing Mrs. Mills but for the erroneous introduction of the foregoing evidence. I don't know which one. 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. 3d 230] 574 [same].) The articles included in the newsfeeds are very useful and informative, and the user-friendly format of the newsfeeds means I can quickly glance over the précis in the emails to choose what to zoom in on.

We also observed that although defendant's status as a minor was not conclusive, it was relevant to the question of his maturity and awareness of his rights. See also, Arizona v. Youngblood  where the Court held that it is a violation of due process for the prosecution to destroy evidence “in bad faith” which although not “clearly exculpable” was nevertheless potentially useful. Since most states model their Evidence Codes after the Federal Rules, this decision was important in how state courts would would limit expert testimony including drunk driving cases, where “expert” testimony (such as by the police officer) on such non-scientific matters as “field sobriety tests” is quite common. 3d 222] the course of police interrogation, and (2) a filmed "reenactment" of the crime made by defendant shortly after recording her statement. %%EOF If a DUI suspect refuses to submit to breath or blood alcohol testing, is it a violation of the 5th Amendment privilege against self-incrimination to use that refusal as evidence against him in trial? App. Clearly, a DUI suspect is not free to leave once he has been stopped and detained roadside — and certainly not when he is ordered to perform field sobriety tests. The US Supreme Court was formed in 1789. (If one of the other cases had been listed first on the docket, we 0000005702 00000 n 1999), in resolving claims of substantive double jeopardy and adopted an analytical framework that appl... Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for two counts of attempted murder, holding that Defendant's actions, despite their proximity in space and time, amounted to two distinct, chargeable offenses. Since the 1966 case Miranda v. Arizona, police officers are required to give “Miranda warnings” to individuals in police custody before conducting interrogations. The court distinguished between questioning to determine the manner of speech (slurred) and the content (what was said). Rptr. Presumptions pop up constantly in DUI cases today: defendants are presumed guilty if their blood-alcohol was over .08%; the blood-alcohol level at the time of testing is presumed to be the same at the time of driving if taken within three hours (despite scientific evidence and common sense to the contrary). 0000005772 00000 n

Still, school districts should recognize that students have special rights with regard to police custodial settings when dealing with requests from police officers to interview students on school grounds.

"I would like to thank the SCCA for this excellent service! v. North Carolina that a child’s age can be considered when determining whether a minor is entitled to a Miranda warning about her rights against self-incrimination before being questioned by police. As stated in People v. Randall, supra, "a change of mind on the part of the defendant prompted by the advice of counsel, his own psychological make-up, or similar facts ... is not proscribed by Miranda ...." (1 Cal.3d at p. 956, fn. 92 21 Defendant Lorrie Sue McClary appeals from a conviction of first degree murder. Unfortunately, the PD’s in California are so overwhelmed with cases that they cannot give a lot of attention to any single case. The United State Supreme Court recently decided two cases involving non-school officials’ interrogations of students on school grounds.


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