Is a ''second Interrogation'' Considered ''Break In Custody'' Regarding Miranda Rights Waiver ?
In Maryland v. Shatzer, 130 S. Ct. 1213, 175 L. Ed. 2d 1045, slip op. at 14-15 (U.S. 2010), a police detective questioned the defendant, who was incarcerated in prison pursuant to a prior conviction, about allegations that the defendant had sexually abused his son.
The defendant invoked his Miranda right to have counsel present during questioning, and the detective ceased questioning the defendant.
The defendant was returned to prison.
Approximately 2 1/2 years later, a different police detective again questioned the defendant, who was still incarcerated in prison, regarding the accusations that the defendant sexually abused his son.
The defendant waived his Miranda rights and made inculpatory statements.
The defendant filed a motion to dismiss the inculpatory statements.
The United States Supreme Court found that 14 days is a sufficient break in custody to end the presumption of involuntariness set forth in Edwards, Shatzer, 175 L. Ed. 2d 1045, slip op. at 11.
The Court further found that "lawful imprisonment imposed upon conviction of a crime does not create the coercive pressures identified in Miranda" Shatzer, 175 L. Ed. 2d 1045, slip op. at 14.
Accordingly, the Court held that because the defendant experienced a break in interrogative or Miranda custody that lasted more than two weeks, Edwards does not mandate a suppression of the defendant's inculpatory statements made during the second interrogation. Shatzer, 175 L. Ed. 2d 1045, slip op. at 18.