It is well-known that a person cannot be forced to make incriminating statements and that people who are taken into police custody must be advised of their Miranda rights before they are interrogated. It is not always clear, however, when a person is considered to be in the custody of the police or when the need for Miranda warnings arises due to interrogation, as discussed in a recent Florida sex crime case in which the State appealed the trial court’s order granting a defendant’s motion to suppress incriminating statements. If you are a resident of Tampa and were recently charged with a sex crime, it is advisable to contact a dedicated Tampa sex crime defense attorney regarding your options for protecting your rights.
Facts of the Case
It is reported that the defendant was charged with numerous sex crimes. Prior to trial, he filed a motion to suppress statements he made to detectives during an interview and written statements after the interview that contained an apology and a suicide note. During the interview, the defendant admitted to masturbating in front of the minor victim. In his motion, the defendant alleged that while the beginning of the interview may not have constituted a custodial interrogation, the latter portion of the interview was custodial in nature and that he was not given the required Miranda warnings. Further, the defendant argued that his written statements were unreliable. The trial court ruled that the defendant was interrogated and that the interrogation became custodial, and therefore Miranda warnings should have been administered. Thus, the court granted the defendant’s motion to suppress. The State subsequently appealed.
What Constitutes Custodial Interrogation
Under Florida law, interrogation happens when a state agent engages in actions or asks a person questions that a reasonable individual would believe are intended to elicit an incriminating response. Miranda warnings are required when an interrogation becomes custodial. In other words, they must be administered when a person who is both under interrogation and in custody is being questioned. If Miranda warnings are not administered, statements made during a custodial interrogation will be precluded at trial.