Skip to main content

Extent of Miranda Rights Tested by People v. Tate

The California Supreme Court affirmed a ruling on July 8th that statements made by Oakland Police Department Officers during the interrogation of a suspect did not invalidate his Miranda rights.

Gregory Tate was placed in custody by the Oakland Police Department (OPD) after he was observed driving the vehicle of a woman who was murdered and robbed the day before. Tate was taken to the homicide division of the OPD, where officers initially told him that they were investigating the car he had in his possession because the vehicle had been stolen and the woman who owned it was "hurt."

The Court found that this statement was not enough to invalidate Tate's two separate occasions upon which he waived his Miranda rights. The Court also acknowledged that by telling Tate that the victim was "hurt," he was aware that he was being investigated for more than car theft. He also understood that he was in the homicide division of the Police Department after asking an officer at the beginning of his second interview.

This decision established that individuals do not have to be informed of all the information they may find "useful" when making a decision to waive Miranda rights.

This case is: People v. Tate, Cal.Sup.Ct.; July 8, 2010; SO31641.

Comments

Post a Comment

Popular posts from this blog

U.S. Supreme Court Eases Rules for Miranda Warning

Last week, the Supreme Court issued its opinion in Maryland v. Shatzer . Justice Scalia wrote the opinion, which six other Justices joined in full. Justice Thomas concurred in part and concurred in the judgment; Justice Stevens concurred in the judgment. The Court held that a fourteen-day break in custodial interrogation ends the Edwards v. Arizona rule which states that once a suspect invokes his Miranda rights, any subsequent waiver of the right triggered by a police request is deemed involuntary and is the result of coercion. In reversing the decision of the Maryland Court of Appeals, the Court concluded that Shatzer’s return to his normal pre-interrogation life in the general prison population for a period of two-and-one-half years before re-interrogation constituted a sufficient break in custody enable him to voluntarily waive his Miranda rights. Therefore, the Edwards case did not require that Shatzer’s re-interrogation statements be suppressed, and the Court remanded the case ...
Post a Comment
Read more

Ecstasy qualifies as a controlled substance under Health & Safety Code section 11377

The California 4th District Court of Appeal held that because Ecstasy contains methamphetamine, it qualifies as a controlled substance or an analog to a controlled substance for purposes of Health and Safety Code section 11377. In this case, Appellant was convicted of possession of Ecstasy. He argued insufficient evidence supported the conviction because the drug is neither a controlled substance, nor an analog of any controlled substance for purposes of the statute. Section 11377 prohibits possession of controlled substances which are specified in several other statutes. Ecstasy, also known as MDMA or methyldioxy methamphetamine, is not listed in any of these statutes. But, one of the statutes enumerated in section 11377, namely section 11055, subdivision (d), includes, inter alia, "stimulants" containing any quantity of methamphetamine. In this case, the officer testified Ecstasy includes methamphetamine and has a stimulating effect similar to it. Based on this testimony, t...
Post a Comment
Read more

Second Circuit Holds that Personal Benefit is Not Required for Insider Trading

Insider trading, or “ securities fraud ,” is prohibited by 18 U.S.C. § 1348 and 15 U.S.C. § 10(b) As the Supreme Court explained in Dirks v. SEC , someone engages in insider trading under §10(b) if they breach a fiduciary duty by disclosing material, nonpublic information in exchange for a personal benefit. However, the Second Circuit’s recent holding in United States v. Blaszczak rejected this personal benefit requirement, at least as it relates to § 1348. The result? The range of conduct that triggers criminal liability under § 1348 is far bigger than the range of conduct that triggers liability under § 10(b). Stated another way, Blaszczak makes it easier for federal prosecutors to go after Title 18 securities fraud because - unlike Title 15 securities fraud - they do no need to prove the existence of a personal benefit.
Post a Comment
Read more