CALIFORNIA CRIMINAL LAW: SLEAZY POLICE TACTICS TO GET CONFESSIONS ARE JUST FINE
The officer arrested the defendant and placed him in the police car. The officer advised the def. of his Miranda rights but did not seek or obtain a waiver of those rights. The officer then walked away for 5 to 10 minutes. The officer then returned and got admissions, again without a waiver. The officer admitted that not asking for a waiver and delaying before actually
asking incriminating questions were part of his interrogation technique.
In Missouri v. Siebert (542 US 600), Souter warns against sleazy tactics by the police in obtaining statements. This Court of Appeal assures us that Souter's opinion was only a plurality opinion and so doesn't need to be followed, and that thus the admission of the statement is just fine.
People v. Rios; 2009 DJ DAR 16280; DJ, 11/20/09; C/A 2nd, Div. 5
