Interrogations & Confessions

Name: U.S. v. Bushyhead
Case #: 00-10396
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/30/2001
Subsequent History: None
  • Categories: Appeals, Areas Constitutional Law, Interrogations & Confessions, Miranda v. Arizona, Right Against Self-incrim, Scope of Review

In a homicide case, as a police officer approached defendant after his arrest with the intent of giving him Miranda warnings, the defendant said, "I have nothing to say. I’m going to get the death penalty anyway." The court held…

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Name: Ford v. Superior Court
Case #: A094667
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 07/31/2001
Subsequent History: Modif. and rehg. den. on 8/28/01. Rev. denied 11/14/01.
  • Categories: Arrest, Derivative Evidence(Wong Sun), Interrogations & Confessions, Search & Seizure

Suppression of appellant's confession to murder was not required where appellant was not "seized" before he made the incriminating statements. Appellant called police and reported that someone had broken into his house and there was "blood all over." Officers asked…

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Name: Garvin v. Farmon
Case #: 00-15295
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/02/2001
Subsequent History: None
  • Categories: Derivative Evidence(Wong Sun), Interrogations & Confessions, Involuntary/Coerced

Appellant was interrogated by two police officers for 45 minutes after she made repeated requests for counsel. Police officers told her that she could avoid a capital murder charge if she confessed, that nothing she told them would be used…

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Name: People v. Corona
Case #: D033855
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/06/2001
Subsequent History: None
  • Categories: Consular/foreign nationals, Interrogations & Confessions

The exclusionary rule does not apply to violations of Article 36 of the Vienna Convention (which requires notification of the consul of the arrest of a foreign national). Here the defendant waived her Miranda rights at 10 a.m. with Officer…

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Name: U.S. v. Velarde-Gomez
Case #: 99-50602
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/23/2001
Subsequent History: None
  • Categories: Evidence, Interrogations & Confessions, Miranda v. Arizona, Misc

During Velarde’s trial for importation of marijuana, the government elicited testimony concerning about Velarde’s post-arrest, pre-Miranda non-responses to questions during an interview with border patrol agents. The district court found the evidence admissable as "demeanor" evidence, and also because a…

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Name: People v. Lujan
Case #: B140027
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/23/2001
Subsequent History: Rev. denied 1/29/02.
  • Categories: Interrogations & Confessions, Miranda v. Arizona

In a trial for first degree murder and stalking, the trial court erred when it admitted appellant’s confession, which was given after inadequate Miranda warnings. The warnings failed to advise appellant of his right to have counsel present before and…

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Name: People v. Slayton
Case #: S086153
Court: CA Supreme Court
District CalSup
Opinion Date: 10/18/2001
Subsequent History: None
  • Categories: Const./Statutory Reqmts, Government Agent Elicits, Interrogations & Confessions, Right to Counsel

Slayton was interrogated by police officers concerning an uncharged burglary after his right to counsel attached on a vehicle theft charge. The Court of Appeal held that appellant Slayton’s statements regarding his involvement in the burglary were properly suppressed because…

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Name: U.S. v. Galindo-Gallegos
Case #: 99-50585
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/27/2001
Subsequent History: None
  • Categories: Interrogations & Confessions, Miranda v. Arizona

Galindo-Gallegos and several others were caught while running from border patrol agents who were looking for illegal aliens. The agents did not advise him of his Miranda rights prior to asking him his legal status and Galindo-Gallegos admitted that he…

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Name: People v. Keller
Case #: C033613
District 3 DCA
Opinion Date: 02/14/2001
Subsequent History: rev. granted 5/23/01 (S096233); Rev. dismissed 1/23/02 and remanded.
  • Categories: Const./Statutory Reqmts, Government Agent Elicits, Ineff. Assist. Counsel (IAC), Interrogations & Confessions, Right to Counsel

Editor's Note: Review granted. Appellant did not receive ineffective assistance of counsel because his attorney failed to object to the introduction of taped conversations appellant had with an undercover officer while appellant was in jail after arraignment for false imprisonment…

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Name: U.S. v. Orso
Case #: 99-50328
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/17/2001
Subsequent History: Rehrg. En Banc rejected 12/28/01
  • Categories: Interrogations & Confessions, Miranda v. Arizona

On the ride to the police station, defendant made incriminating statements in response to the officer’s comments (one of which was false) about the evidence against her, and without having been given Miranda warnings. After arrival at the station, she…

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