Legal Updates Fall 2016
Written By:
Reid
Nov 01, 2016
Confession suppressed - made under the influence of fear produced by threats
- The suspect does not have to know all of the possible issues they will be questioned about to make a knowing and intelligent waiver of rights
- Statements indicating that juries were more likely to be lenient if presented with a full confession were not coercive
- Questioning by law enforcement officers is less likely to rise to the level of a custodial interrogation when it occurs in a defendant's home
- The value of recording an interrogation to refute the defendant's claims of threats and promises
- How was your Halloween? was the functional equivalent of interrogation
- Court restricts the testimony of false confession expert Dr. Richard Leo
- Court finds that Loss Prevention investigator conducted a proper interview and interrogation
- ....the Court must express its strong concern that the search and interrogation methods used in this case barely fall within the borders of what is legally acceptable
- Court rejects defendant's claim that he confessed because his family members were threatened with arrest
- "I think I need a lawyer, I don't know, but I want to cooperate and talk" was not an unequivocal request for a lawyer
- Court rules confession voluntary even though defendant was told that if the baby's death was the result of a 100% accident he would probably go free
- Police statements that the defendant's nephew would be released if the defendant "did the right thing" [confessed] and that the police "should have brought your sister down too" were not coercive
- Court upholds incriminating statements made during a police interview while defendant was incarcerated for an unrelated crime even though no Miranda warnings were issued
- Court excludes testimony from false confession expert Dr. Brian Cutler
- Court reject"s defendant"s claim that his confession was coerced as the result of a threat to him and his family by a co-defendant