Hammon v. Indiana

In Hammon v. Indiana (2006) 547 U.S. 813, police responded to a domestic disturbance call at the home of Hershel and Amy Hammon. They discovered Amy alone on the front porch. Although she appeared somewhat frightened, she told the officer that nothing was wrong. Inside the house, officers discovered a broken gas heating unit emitting flames, with broken glass on the floor. Hershel informed police that he and Amy had argued but "'"everything was fine now."'" (Id. at p. 819.) Police interviewed Amy and Hershel separately, repelling Hershel's attempts to participate in Amy's interview. Amy then filled out and signed an affidavit indicating that Hershel had beaten her and broken the furnace and other items. (Id. at p. 820.) These statements, Hammon concluded, were testimonial. (Id. at p. 829.) The interrogation was part of an investigation into past criminal conduct; there was no emergency in progress; officers did not hear or see an argument; the interrogations were somewhat formalized, in that the couple was separated; Amy told officers "things were fine," and there was no immediate threat to her person, given that officers were present. When the officer questioned Amy inside the house, he was not seeking to determine what was happening, "but rather 'what happened.'" (Id. at p. 830.) The primary, if not the sole, purpose of the interrogation was to investigate a possible crime. (Ibid.)