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What Constitutes Interrogation? (From Briefs of 100 Leading Cases in Law Enforcement, P 165-171, 1991, Rolando V. del Carmen, Jeffery T. Walker -- See NCJ-126275)

NCJ Number
126291
Author(s)
R V del Carmen; J T Walker
Date Published
1991
Length
7 pages
Annotation

Supreme Court decisions concerning what constitutes interrogation are analyzed for their significance to law enforcement.

Abstract

Interrogation takes place not only when direct questions are asked but also when, as in the case Brewer v. Williams, 430 U.S. 387 (1977), the police officers, knowing the defendant's religious interest, made remarks designed to appeal to that interest and therefore induce a confession. In the case Rhode Island v. Innis, 446 U.S. 291 (1980), the Court found that "interrogation" refers not only to express questioning, but also the "functional equivalent" of questioning which involves any words or actions by the police which they should know are reasonably likely to elicit an incriminating response. And, in the case Arizona v. Mauro, 481 U.S. 520 (1987), it was determined that a conversation between a suspect and a spouse, which is recorded in the presence of an officer, does not constitute the functional equivalent of an interrogation and is, therefore, admissible in court.