Arizona v. Mauro

481 U.S. 520, 107 S. Ct. 1931, 95 L. Ed. 2d 458, 1987 U.S. LEXIS 1933
Supreme Court of the United States·Decided June 26, 1987·No. 85-2121·Published·Cited by 415 cases

Opinions

Justice Powell

delivered the opinion of the Court.

While respondent in this case was in police custody, he indicated that he did not wish to answer any questions until a lawyer was present. The issue presented is whether, in the circumstances of this case, officers interrogated respondent in violation of the Fifth and Fourteenth Amendments when they allowed him to speak with his wife in the presence of a police officer.

I

On November 23, 1982, the Flagstaff Police Department received a telephone call from a local K mart store. The caller stated that a man had entered the store claiming to have killed his son. When officers reached the store, respondent Mauro freely admitted that he had killed his son. He directed the officers to the child’s body, and then was arrested and advised of his constitutional rights pursuant to [522]*522Miranda v. Arizona, 384 U. S. 436 (1966). The officers then took Mauro to the pólice station, where he was advised of his Miranda rights again. At that point, Mauro told the officers that he did not wish to make any more statements without having a lawyer present. All questioning then ceased. As no secure detention area was available, Mauro was held in the office of the police captain.

At the same time, one of the officers, Detective Manson, was questioning Mauro’s wife in another room. After she finished speaking with Manson, Mrs. Mauro asked if she could speak to her husband. Manson was reluctant to allow the meeting, but after Mrs. Mauro insisted, he discussed the request with his supervisor, Sergeant Allen. Allen testified that he “saw no harm in it and suggested to [Manson] that if she really sincerely wanted to talk to him to go ahead and allow it.” App. 74. Allen instructed Manson not to leave Mr. and Mrs. Mauro alone and suggested that Manson tape-record the conversation.

Manson then “told both Mr. and Mrs. Mauro that they could speak together only if an officer were present in the room to observe and hear what was going on.” Id., at 218 (findings of trial court). He brought Mrs. Mauro into the room and seated himself at a desk, placing a tape recorder in plain sight on the desk. He recorded their brief conversation, in which she expressed despair about their situation. During the conversation, Mauro told his wife not to answer questions until a lawyer was present.1

[523]*523Mauro’s defense at trial was that he had been insane at the time of the crime. In rebuttal, the prosecution played the tape of the meeting between Mauro and his wife, arguing that it demonstrated that Mauro was sane on the day of the murder. Mauro sought suppression of the recording on the ground that it was a product of police interrogation in violation of his Miranda rights. The trial court refused to suppress the recording. First, it explained the basis of the officers’ decision to allow Mrs. Mauro to meet with her husband in the presence of a policeman:

“The police counseled [Mrs. Mauro] not to [speak with her husband], but she was adamant about that. They finally yielded to her insistent demands. The Police Station lacked a secure interview room. The police justifiably appeared [sic] for Mrs. Mauro’s . . . safety, and they were also concerned about security, both in terms of whether Mr. and Mrs. Mauro might cook up a lie or [524]*524swap statements with each other that shouldn’t have been allowed, and whether some escape attempt might have been made, or whether there might have been an attempt to smuggle in a weapon. They really had no idea what to expect along those lines.” Ibid.

In light of these justifications, the trial court found “that this procedure was not a ruse, nor a subterfuge by the police. They did not create this situation [i. e., allowing the meeting] as an indirect means of avoiding the dictates of Miranda.” Ibid. Accordingly, the trial court admitted the evidence. Mauro was convicted of murder and child abuse, and sentenced to death.

The Arizona Supreme Court reversed. 149 Ariz. 24, 716 P. 2d 393 (1986). It found that by allowing Mauro to speak with his wife in the presence of a police officer, the detectives interrogated Mauro within the meaning of Miranda. This interrogation was impermissible, the court said, because Mauro previously had invoked the right to have counsel present before being questioned further. The court noted that both detectives had acknowledged in pretrial hearings that they knew it was “possible” that Mauro might make incriminating statements if he saw his wife.2 The court relied [525]*525on our statement in Rhode Island v. Innis, 446 U. S. 291 (1980), that interrogation includes a “practice that the police should know is reasonably likely to evoke an incriminating response from a suspect,” id., at 301. The court then concluded that the officers’ testimony demonstrated that there had been interrogation, because “[t]hey both knew that if the conversation took place, incriminating statements were likely to be made.” 149 Ariz., at 31, 716 P. 2d, at 400. Therefore, it held that the tape recording was not properly admitted at Mauro’s trial.

Arizona filed a petition for a writ of certiorari. Because the decision below appeared to misconstrue our decision in Rhode Island v. Innis, supra, we granted the petition, 479 U. S. 811 (1986). We now reverse.

HH 1 — 1

We begin by summarizing the relevant legal principles. The Fifth Amendment provides that no “person . . . shall be compelled in any criminal case to be a witness against himself.”3 In Miranda v. Arizona, 384 U. S. 436 (1966), the Court concluded that “without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual’s will to resist and to compel him to speak where he would not otherwise do so freely. ” Id., at 467. “Accordingly, the Court formulated the now-familiar ‘procedural safeguards effective to secure the privilege against self-incrimination.’” Colorado v. Spring, 479 U. S. 564, 572 (1987) (quoting Miranda v. Arizona, supra, at 444). Among these is the rule that when an accused has “expressed his desire to deal with the police only through counsel, [he] is not subject to further interrogation by the authori[526]*526ties until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police.” Edwards v. Arizona, 451 U. S. 477, 484-485 (1981).

One of the questions frequently presented in cases in this area is whether particular police conduct constitutes “interrogation.” In Miranda, the Court suggested in one passage that “interrogation” referred only to actual “questioning initiated by law enforcement officers.” 384 U. S., at 444. But this statement was clarified in Rhode Island v. Innis, supra.

Free access — add to your briefcase to read the full text and ask questions with AI

Arizona v. Mauro, 481 U.S. 520, 107 S. Ct. 1931, 95 L. Ed. 2d 458, 1987 U.S. LEXIS 1933 (1987).

481 U.S. 520 (Arizona v. Mauro) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State of New Jersey v. Zachary A. Lahneman
New Jersey Superior Court App Division, 2025
Lindsley Hugh Cravens II v. the State of Texas
Court of Appeals of Texas, 2022
Rickey Donnell Crawford v. the State of Texas
Court of Appeals of Texas, 2021
Parker v. Clarke
W.D. Virginia, 2020
State v. Barrett
Court of Appeals of Arizona, 2020
Commonwealth v. Colon
Massachusetts Supreme Judicial Court, 2019
People of Michigan v. Marlon Demario Ezell
Michigan Court of Appeals, 2019
State v. Romero
New Mexico Supreme Court, 2018
State of Tennessee v. Jason Levi Butts
Court of Criminal Appeals of Tennessee, 2018
State v. Brian I. Harris
Wisconsin Supreme Court, 2017
State v. Turner
2016 Ohio 7983 (Ohio Court of Appeals, 2016)
United States v. Rosario-Cintron
194 F. Supp. 3d 161 (D. Puerto Rico, 2016)
Patrick Broom a/k/a Patrick Brown v. United States
118 A.3d 207 (District of Columbia Court of Appeals, 2015)
State v. Hogan
758 S.E.2d 465 (Court of Appeals of North Carolina, 2014)
United States v. Richardson
36 F. Supp. 3d 120 (District of Columbia, 2014)
United States v. Albert Chalmers
554 F. App'x 440 (Sixth Circuit, 2014)
United States v. Maza
73 M.J. 507 (Navy-Marine Corps Court of Criminal Appeals, 2014)
People v. White
828 N.W.2d 329 (Michigan Supreme Court, 2013)
People of Michigan v. Kadeem Dennis White
Michigan Supreme Court, 2013