Advanced Case Law

Question 1

During an interrogation, what can police NOT do?

Answer 1

Make promises or threats

Swager v State 2024 CR 12
Underwood v State 2011 CR 12

Question 2

Can you lie to and/or deceive suspects during an interview?

Answer 2

Yes

Bacy v State 2022 (F-2020-636), citing Pierce v State 1994 OK CR 45 (below)

Her claim of deception, wherein she claims the officers lied to her, is likewise irrelevant. Appellant cites no authority for the position that she has a right not to be lied to, and, on cross-examination, the officers in question admitted not only that they lied to Appellant but they were trained to do so

Question 3

Can you say falsely state you have video/evidence of a suspect’s crime during an interrogation?

Or say their co-conspirator already confessed and named the suspect?

Answer 3

Yes

Yes

Frazier v. Cupp SCOTUS 1969 (deceptive tactics legal)

Question 4

Can you use suggestive evidence during an interrogation? (ie fake fingerprint cards, evidence bags of hairs, big binder of ‘evidence’)

Answer 4

Yes

Fraizer v Cupp
Oregon v. Mathiason SCOTUS 1977

Question 5

Can you use manufactured evidence during an interrogation? (ie fingerprint cards with the suspect’s REAL fingerprint on there, evidence bags with the suspect’s REAL hairs inside of it)

Answer 5

No

Florida v. Cayward 1989
New Jersey v. Patton 2003

Question 6

Can you tell a suspect “This might be your only chance to talk to us?” during an interrogation?

Answer 6

Yes (because true statement)

Commonwealth of Massachusetts v Novo 2004

Question 7

While testifying, can you mention a Defendant’s previous crimes?

While testify, can you refer to the victim as “the Victim”?

Answer 7

No (Bruner v State 1980)

No (didn’t write source down, saw in OCCA case from 2024 when prosecutor said twice and almost caused mistrial)

Question 8

Is a Victim’s statement on BWC admissible in court?

Is an Officer’s report admissible in court as evidence?

Answer 8

No (because hearsay)

No (because contains hearsay, ie of victim/witness statements)

from Evidence Questions in Criminal Law book

Question 9

Wife does not want her phone to be searched, but she is not on scene to say ‘no’.

Can the husband give consent to search her phone?

Answer 9

Yes

Sims v State F-2017-635 (OK CR 2021)

Mr. Smith’s consent for the detective to search the phone waived any possible errors in it’s admission. “The rule to be followed in Oklahoma is as follows: in the absence of fraud or express or implied coercion, an affirmative consent to search, given freely and voluntarily by one’s spouse, maybe used to justify a warrantless search and render its fruits admissible against the ABSENT, NONCONSENTING spouse, except as to areas and property personal to the nonconsenting spouse and not under joint possession or control.

Question 10

A rights waiver must be CLEAR and UNAMBIGUOUS for a Suspect to invoke their Miranda right to counsel

True/False

Answer 10

True

Davis v US 1994

Question 11

Can a custodial parent be charged with Child Stealing? (21 OS 891)

Answer 11

Yes

Wilkins v State 1999 OK CR 27