What is the impact of a police interview on a defendant's right to remain silent?

California, United States of America


The following excerpt is from People v. Montano, 226 Cal.App.3d 914, 277 Cal.Rptr. 327 (Cal. App. 1991):

Defendant was thus confronting nothing like a level playing field. He "was alone in the hands of the police, with no one to advise or aid him." (Haynes v. Washington (1963) 373 U.S. 503, 514, 83 S.Ct. 1336, 1343, 10 L.Ed.2d 513.) It soon became apparent to him that his attempts to halt the questioning, using the right he was told was his, were a waste of time because the officers were not going to respect his invocation of that right. Again and again defendant told the officers that he did not wish to speak to them, to no avail. Each time defendant stated he did not wish to speak further, the officers ostensibly agreed to talk about other matters, but they soon resumed questioning him about

Page 338

Defendant was not that rare suspect. Before he invoked his right to remain silent, defendant had admitted only that he had been carrying a knife; that he had been running when he was stopped by police; and that he had a "serious problem." He would not admit that he had met any woman, much less the victim. By the time the interrogation ended, defendant had admitted that he was alone when "this bad thing happened"; that he thought he would be "in jail for a long time" because of the "problem" he had; that he had committed an "error" that night; that he knew what had happened; and that he had met the victim. And by shaking his head just after being told of the victim's death and being asked whether there was another person the police should be looking for, defendant tacitly admitted that he alone was responsible for the victim's murder. Viewed in their totality, defendant's admissions amounted to an inculpatory statement tantamount to a confession. (See People v. McClary (1977) 20 Cal.3d 218, 230, 142 Cal.Rptr. 163, 571 P.2d 620; Evid.Code, 135, 225.) The means by which the statement was obtained--"inherently coercive police tactics[,] methods offensive to due process," and direct "police infringement of the Fifth Amendment itself" (Oregon v. Elstad, supra, 470 U.S. 298 at pp. 317, 369, 105 S.Ct. 1285 at pp. 1297, 1324)--taint it as constitutionally involuntary. (See note 5, ante.)

Other Questions


Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
What are the consequences of a defendant not being advised of their right to confrontation, confrontation and right to remain silent? (California, United States of America)
If a suspect waives his Miranda right to remain silent during an interrogation, can the suspect remain silent? (California, United States of America)
If a suspect waives his Miranda right to remain silent or counsel during an interview, can the police force continue to question the suspect? (California, United States of America)
Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify? (California, United States of America)
If a suspect waives his right to remain silent during an interview, can the police force continue to question him? (California, United States of America)
What is the evidence that the appellant waived her right to remain silent in a police interview? (California, United States of America)
Does a suspect who has received and understood the Miranda warning, and has not invoked his Miranda rights, waives his right to remain silent by making an uncoerced statement to the police? (California, United States of America)
Does the Defendant's refusal to allow a tape recorder to be recorded during an interview constitute an invocation of his right to remain silent? (California, United States of America)
Is a statement made during a police interrogation of a person in custody in an assault case in which the police have advised the person of their right to remain silent? (California, United States of America)
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