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Tuesday, June 29, 2004

Indiana Law - Impact of Miranda Ruling on Indiana?

"Tactic of Delayed Miranda Warning Is Barred" is the headline to this Linda Greenhouse report in the NY Times today. She writes:

The Supreme Court on Monday rejected a police interrogation tactic designed to induce suspects to give incriminating statements after purposely delaying Miranda warnings.

The tactic, taught in police training courses, has been growing in popularity, and the Supreme Court decision, a murder case from Missouri, was consequently eagerly awaited by both prosecutors and defense lawyers. * * *

Under the tactic the court invalidated in the Missouri case, the police first question a suspect while withholding the advice required by the Miranda decision of the right to remain silent and to consult a lawyer before answering questions. In not giving the warnings, the police know that any incriminating statements elicited in this phase of the questioning will be inadmissible in court.

The officers then give the suspect a short break before resuming the interrogation, this time with the warnings. Typically, suspects will waive their Miranda rights and then repeat what they had said earlier, prompted by the officers' leading questions and by the sense that it is now too late to turn back.

The issue for the Supreme Court on Monday was whether the answers from that second phase of questioning could be used in court, and the majority's answer was no. Justice Souter said the facts of this case "by any objective measure reveal a police strategy adapted to undermine the Miranda warnings." He said the police had created a situation for the defendant, a woman suspected of murder, "in which it would have been unnatural to refuse to repeat at the second stage what had been said before."

The decision is Missouri v. Seibert, No. 02-1371.

What about Indiana? A story today in the Indianapolis Star reports "Local police say ruling will not change policies." Some quotes:

Representatives of the three major police departments in Indianapolis and Marion County said Monday that the court decision would not change the way they handle interrogations and investigations.

Indianapolis police, Indiana State Police and the Marion County Sheriff's Department all said their investigators and officers are ordered to give Miranda warnings when an investigation starts, so those departments do not need to change their policies. On Monday, the U.S. Supreme Court said it was usually improper to interview a criminal suspect twice, giving him the Miranda warning against self-incrimination only before the second interview.

Posted by Marcia Oddi on June 29, 2004 04:57 PM
Posted to Indiana Law