NCJ Number
18147
Journal
St John's Law Review Volume: 48 Issue: 2 Dated: (DECEMBER 1973) Pages: 332-340
Date Published
1973
Length
9 pages
Annotation
CONSIDERS UNITED STATES V. VIGO IN THE SECOND CIRCUIT COURT OF APPEALS WHICH EVALUATED WHETHER A DEFENDANT WHO MADE DAMAGING ADMISSIONS HAD BEEN THE SUBJECT OF CUSTODIAL QUESTIONING AND ENTITLED TO MIRANDA WARNINGS.
Abstract
VIGO'S AUTOMOBILE WAS STOPPED AFTER SURVEILLANCE AND ITS OCCUPANTS PLACED UNDER ARREST BY SIX BUREAU OF NARCOTICS AGENTS. SEVERAL PACKAGES OF HEROIN WERE FOUND IN THE CAR. FOLLOWING THE SEARCH, AN AGENT ALLEGEDLY GAVE VIGO THE MIRANDA WARNINGS BUT COULD NOT RECALL HAVING INFORMED THE DEFENDANT THAT ANYTHING HE SAID COULD BE USED AGAINST HIM IN COURT. VIGO ADMITTED ONE OF THE PACKAGES CONTAINED HEROIN AND BELONGED TO HIM, AND HE SOUGHT TO EXCULPATE THE CO-DEFENDANT AND OTHER OCCUPANTS OF THE CAR. BOTH DEFENDANTS WERE INDICTED FOR POSSESSING HEROIN WITH THE INTENT TO DISTRIBUTE. A PRETRIAL DEFENSE MOTION TO SUPPRESS THESE STATEMENTS WAS GRANTED BY A DISTRICT COURT AND THE GOVERNMENT APPEALED. THE CIRCUIT COURT, IN REVERSING THE DISTRICT COURT SUPPRESSION ORDER, HELD THE VOLUNTARY STATEMENTS ADMISSIBLE, OBSERVING THAT NONE OF THE 'INHERENTLY COMPELLING FACTORS' THE MIRANDA COURT ASSOCIATED WITH POLICE STATION INTERROGATIONS WAS PRESENT IN THIS CASE. THE DISSENT CONCLUDED THAT VIGO'S ADMISSIONS WERE MADE AS A RESULT OF DETAILED QUESTIONING BY A FEDERAL AGENT DESIGNED TO PRODUCE INCULPATORY STATEMENTS. THE AUTHOR CONSIDERS THAT THE VIGO MAJORITY, IN EVALUATING THE APPLICABILITY OF MIRANDA, EMPLOYED IN PART THE CALCULUS OF SECTION 3501 OF THE OMNIBUS CRIME CONTROL ACT, WHICH PROVIDES THAT A CONFESSION 'SHALL BE ADMISSIBLE IN EVIDENCE IF IT IS VOLUNTARILY GIVEN'. THE AUTHOR CONSIDERS THAT THE FACTUAL DISCREPANCIES IN THE VIGO OPINIONS SHOW THE EASE WITH WHICH THE MIRANDA DOCTRINE CAN BE THWARTED SHOULD A COURT SELECTIVELY VIEW THE FACTS.