Interrogation

Question 1

What is interrogation?

Answer 1

This is when a person in custody is subjected to
1. Express questioning
2. Any words or actions that the police should know are reasonably likely to elicit an incriminating response from the suspect. This looks at the subjective knowledge of the police. If the police know words or actions are reasonably likely to elicit a response from the suspect, then this is interrogation.

Question 2

Rhode Island v. Innis (SCOTUS 1980)

Answer 2

This case held that a suspect was not interrogated when, after he was arrested for the suspected shooting of a cab driver, the police said something to the effect of “there is a school for disabled children around here, it would be a shame if a little girl found a gun and hurt herself.” Hearing this statement the suspect told the police he wanted to show them where the gun was.

The Court held that this was not interrogation because there was nothing to make the police aware that the suspect was peculiarly susceptible to an appeal to his conscience regarding handicapped children.

Counter argument: this statement would have appealed to anyone’s conscience.