IN RE S.W.

124 A.3d 89, 2015 D.C. App. LEXIS 451, 2015 WL 5474170
CourtDistrict of Columbia Court of Appeals
DecidedSeptember 17, 2015
Docket12-FS-434
StatusPublished
Cited by6 cases

This text of 124 A.3d 89 (IN RE S.W.) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
IN RE S.W., 124 A.3d 89, 2015 D.C. App. LEXIS 451, 2015 WL 5474170 (D.C. 2015).

Opinions

BLACKBURNE-RIGSBY, Associate Judge:

This case presents a “rare” instance in which we conclude that “a self-incriminating statement was ‘compelled’ despite the fact that the law enforcement authorities adhered to the dictates of Miranda [v. Arizona, 384 U.S. 436, 467, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).]” Dickerson v. United States, 530 U.S. 428, 444, 120 S.Ct. 2326, 147 L.Ed.2d 405 (2000). Specifically, we conclude that a juvenile’s confession during custodial interrogation was involuntary, in spite of an effectively delivered Miranda warning and a knowing and intelligent waiver of Miranda rights, and we reverse the trial court’s adjudication of delinquency.2

Following a consolidated suppression hearing and bench trial, appellant S.W., a fifteen-year-old juvenile, was adjudicated delinquent on four counts: (1) carjacking, (2) attempted unauthorized use of a motor vehicle, (3) unlawful entry of a motor vehicle, and (4) threats to do bodily harm.3 On appeal, appellant challenges the trial court’s denial of his motion to suppress [93]*93statements that he made during post-arrest interrogation. Appellant’s principal argument is that the interrogating detective’s pre-Miranda remarks rendered the subsequent Miranda warning ineffective as a matter of law and, consequently, that his confession must be suppressed. Alternatively, appellant argues that the detective’s remarks prevented him from making a knowing, intelligent, and voluntary waiver.

We hold that the interrogating detective delivered an effective Miranda warning and that appellant made a knowing and intelligent waiver of his Miranda rights, but that he did not do so voluntarily. In so holding, we avoid a per se rule that either invalidates a Miranda warning as a matter of law when law enforcement officials make pre-Miranda warning remarks, or that validates a Miranda warning as a matter of law when law enforcement officials read the warning verbatim from a waiver card.4 We reinforce the necessity of looking holistically at every custodial interrogation in reaching a conclusion specific to the facts presented. No “talismanic incantation” is necessary to satisfy Miranda. Missouri v. Seibert, 542 U.S. 600, 611, 124 S.Ct. 2601, 159 L.Ed.2d 643 (2004) (citation omitted). Nor will “mere recitation of the litany [of rights]” suffice in every circumstance. Id. Rather, our inquiry is case-specific, asking “whether the warnings reasonably convey to a suspect his [or her] rights as required by Miranda.” Id. (internal quotation marks, citation, and alterations omitted).

I. Factual Background

A. The Incident

At approximately 10:00 a.m. on January 22, 2012, Tiffany Dougall was pumping gas into her car at a gas station on the corner of Benning Road and East Capitol Street, Northeast, Washington, D.C. She had left the driver-side door ajar with the keys in the ignition. Appellant approached Ms. Dougall’s car, sat in the driver seat, and attempted to start the car. As appellant tried to close the car door, Ms. Dougall pulled the door open and retrieved her keys, thwarting appellant’s attempt. Appellant exited the car and Ms. Dougall called him a “stupid a-- [expletive],” to which he responded: “I should have shanked you. That’s what we do around here.” Appellant then ran across the street and entered a metro station. Within approximately twenty minutes, officers of the Metropolitan Police Department (“MPD”) arrested appellant and brought him back to the scene where Ms. Dougall identified him.

B. The Interview

MPD Detective Howard Howland, questioned appellant at the MPD Juvenile Processing Center in a video-recorded session that began just before midnight and lasted approximately eighteen minutes. Appellant’s right foot was cuffed to the floor of the interview room, but his hands remained free. Before issuing a Miranda warning, Detective Howland introduced himself and asked appellant if he knew why he was under arrest.5 When appellant did not respond, Detective Howland explained:

[94]*94I know you know why you’re up here, so I ain’t gonna play the 1 don’t know5 crap, all right? I’m gonna give you an opportunity to give your version of what happened today, because :.. I stand between you■ and the lions out there .... [W]e have a lot of things going on out there, and they’re gonna try and say that you did it all. Okay? And I think what happened today was just a onetime thing. But before I came out here everybody said ... you did a whole bunch óf stujf, but' in order for us to have a conversation, I have to read you your rights and you have to waive your rights. ' If you answer no to any of the questions I ask you after I read you your rights, that’s all, I mean, I can’t have the interview, okay?

(Emphasis added). '

Detective Howland read appellant his Miranda rights from a waiver card, and appellant, who had not spoken until this point, waived these rights verbally and in writing.6 Appellant’s demeanor and tone remained calm as he subsequently confessed to entering Ms. Dougall’s ear with the intention of taking it. After the confession, Detective Howland told appellant that he had spoken with appellant’s grandmother, who told Detective Howland that she was worried about appellant, that he had just been' released from a group home, and that he had been “reported missing.” Appellant began to cry at this point and explained that he had left the group home because he had a “beef with a whole lot of people.” Detective Howland stated, “[i]t sounds like you got a lotta anger” and “made some bad choices,” then told appellant to consider how it feels “for [his] grandmother -to see [him] in court” or “locked up,” stating that people “who tried to do what [appellant] did ... get full of bullets.” Detective Howland then asked appellant-what he would do differently if he could do everything over, and appellant responded “I wouldn’t have went to that car.”7

C. The Motion to Suppress and Trial

Appellant filed a motion to suppress the statements he made to Detective Howland, alleging, inter alia, that he did not knowingly and voluntarily waive his Miranda rights, and that the coercive circumstances of the interrogation rendered his statements involuntary. During a hearing on the motion, the trial court viewed the video recording of appellant’s.interrogation and characterized Detective Howland’s pre-Mi-randa remarks as a “very simple set of statements” that did not violate “Miranda’s prophylactic rule”; in essence, in- . forming appellant that “if you want to talk, this is your opportunity, but you don’t have to.” The court described these statements as an “age-old tactic” of detectives: sharing pieces of known information to encourage a suspect to be forthcoming with additional information. The court further noted that Detective Howland issued a complete Miranda warning and remained an “appreciable distance” from appellant during the conversation and that appellant did not ask follow up questions and appeared to understand the warning.

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Cite This Page — Counsel Stack

Bluebook (online)
124 A.3d 89, 2015 D.C. App. LEXIS 451, 2015 WL 5474170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sw-dc-2015.