Supreme Court:
Police questioning method improper
WASHINGTON (AP) —6/28/04 USA Today The Supreme Court
warned police on Monday to stop using a strategy intended to
extract confessions from criminal suspects before telling them of
their right to remain silent.
The court, on a 5-4 vote, said that
deliberately questioning a suspect twice – the first time without
reading the Miranda warning – is usually improper.
But the court left open the possibility that
some confessions obtained after double interviews would be
acceptable, providing police could prove the interrogation wasn't
intended to undermine the Miranda warning.
Criminal defense attorneys and civil
libertarians had complained that the strategy was being used to get
around the Supreme Court's landmark 1966 Miranda v. Arizona ruling,
which requires that suspects in custody be told they have the right
to remain silent.
The court had considered the treatment of
murder suspect Patrice Seibert. The Missouri Supreme Court ruled
that the two-step interrogation process used in her case was
improper – a decision upheld by the nation's highest court.
Such questioning can be successful because
suspects may be more willing to talk before they're told they have a
right to remain silent. And when told of their rights later, they
may not realize their first confession can be used against them.
"The message for officers is you have to read
rights first before questioning," said Amy Bartholow, Seibert's
public defender. "Criminal defendants will have more rights in the
interrogation room."
Also Monday, the court sided with police in a
separate Miranda case, throwing out a decision in the case of a
Colorado man who had told an officer not to bother reading him the
Miranda warnings.
The two cases are the final ones in the
Supreme Court's sweeping look this year at Miranda and how it is
followed by U.S. law enforcement.
In January, the court ruled that police may
not try to wrest confessions from criminal suspects facing formal
charges without telling them they have a right to see a lawyer. Then
in early June, law enforcement won a second case when the court
refused to require special treatment for young people under
questioning by police.
It took the Supreme Court more than six
months to rule in the last two cases, an extraordinarily long time.
They were argued back-to-back at the court in December.
Seibert was convicted of plotting to set a
1997 fire that killed a teenager who had been staying at the family
trailer in Rolla, Mo., a rural town in the Ozarks. Police said she
arranged to have her home burned to cover up the death of her
12-year-old son, who had had cerebral palsy, in order to avoid
neglect allegations.
Justice David Souter, writing for himself and
three other liberal justices, said that the practice is worrisome
because questioning tactics are taught at national training
sessions.
Justice Anthony Kennedy agreed with those
four that the interrogation technique "undermines the Miranda
warning and obscures its meaning."
But the court left the door open for police
to be able to use some confessions obtained after double interviews.
Kennedy said that police must be able to prove that the
interrogation was not done "in a calculated way to undermine the
Miranda warning."
In a dissent, Justice Sandra Day O'Connor
said it would be tough for lower courts to determine if officers had
gone too far. She was joined by Chief Justice William Rehnquist and
Justices Antonin Scalia and Clarence Thomas.
"In virtually every two-state interrogation
case ... courts will be forced to conduct the kind of difficult,
state-of-mind inquiry that we normally take pains to avoid," she
wrote.
In the second case, officers had come to
Samuel Patane's house to question him about a domestic case, and
they told him he had a right to remain silent, but he said he
already knew his warnings. He then directed them to a gun in his
bedroom and was charged with illegal possession of a firearm.
The Denver-based 10th U.S. Circuit Court of
Appeals ruled that the gun could not be used as evidence against
Patane because its discovery was the result of a statement made
without a Miranda warning.
Thomas and two other justices said a failure
to give a suspect Miranda warnings did not make such evidence
inadmissible in court. O'Connor and Kennedy, while not going that
far, said that the government presented a strong case for allowing
evidence in the Patane case.
The cases are United States v. Patane,
02-1183, and Missouri v. Seibert, 02-1371. |