On a dark and slippery road a tragic accident results in a death. The driver is placed in the back of the patrol car and questioned only to find that his answers will be instrumental in a criminal proceeding. The state courts in New Mexico have held that this particular questioning constituted “custodial interrogation” triggering the warning requirement of Miranda and the driver’s statements were not admissible at trial.
In its November 25 private conference, the Supreme Court of the United States will decide whether to consider the State’s (prosecution’s) Petition for Writ of Certiorari in the State of New Mexico vs. Roger Snell. New Mexico’s position is that Miranda warnings should not be required, and suppression of statements should not then be the result of failure to warn, when officers place a driver in a patrol car and question him or her as part of a traffic investigation. These questions, according to the State, are more in the nature of a Terry stop, or a brief detention for investigative purposes wherein the person is free to leave, and Miranda requirements do not apply.
Federal courts and state courts disagree over whether and under what circumstances a Terry stop becomes a custodial interrogation subject to Miranda. To some degree the determination depends on the details and nuances unique to each situation. However, severe consequences may follow from these encounters–”consensual” searches following traffic stops, DWI arrests, intoxication manslaughter or assault charges, and countless others. It does not pose an overwhelming burden or hardship on law enforcement to remind a citizen of their rights and the Constitution should not be treated as a secret or subversive document. The right to an attorney and the right not to offer testimony against yourself should not be reserved for those folks who can remain calm enough following the stress and confusion of a serious accident to assert them from the back of a patrol car.
If the Supreme Court grants certiorari on this case it will hopefully shed some light on the shadowy area between Terry and Miranda. Hopefully the Court will also bring the Constitution out of the shadows in these situations so those who find themselves in such overwhelming situations will be reminded that they “have the right to remain silent” and “the right to an attorney.”
If not, as far as constitutional rights go, unconsciousness might be the safest post-accident condition….
Tags: Add new tag, Confessions, Miranda Warnings, Police Interrogation, Police Questioning, Suppression