People v. Tanser

394 N.E.2d 616, 75 Ill. App. 3d 482, 31 Ill. Dec. 414, 1979 Ill. App. LEXIS 3102
CourtAppellate Court of Illinois
DecidedAugust 23, 1979
Docket78-30
StatusPublished
Cited by14 cases

This text of 394 N.E.2d 616 (People v. Tanser) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Tanser, 394 N.E.2d 616, 75 Ill. App. 3d 482, 31 Ill. Dec. 414, 1979 Ill. App. LEXIS 3102 (Ill. Ct. App. 1979).

Opinion

Mr. JUSTICE SEIDENFELD

delivered the opinion of the court:

The State appeals from an order suppressing the defendant’s confession. (Ill. Rev. Stat. 1977, ch. 110A, par. 604(a).) In issue is whether the confession was voluntary or, rather, involuntary as the result of inducements of confidentiality by the police, or inadequate Miranda warnings.

Defendant was arrested on a charge of arson (Ill. Rev. Stat. 1977, ch. 38, par. 20—1) involving the residence of his neighbor, Francis Palmatier. After a hearing, the court granted the defendant’s motion to suppress his confession on the basis of his finding that Tanser had not been adequately informed of and did not understand his constitutional rights before he confessed. The court also found that his confession had been induced by promises that any statement that he made would not be used against him in a criminal proceeding.

At the hearing on the motion to suppress, Donald E. Brown, an arson investigator for the State fire marshall’s office, testified that defendant had been pointed out to him by one of the police and fire personnel near the scene of the fire as a possible witness. Brown asked the defendant to come down to the fire station and discuss the fire “because he was a witness.” Tanser agreed, and drove his own truck to the fire station. At the station, Brown, the assistant fire chief Leonard Gustafson, and two police officers from the Sandwich police department spoke with the defendant. Brown handed Tanser a form with his Miranda rights printed on it. Tanser read the form; Brown said he pronounced the words that Tanser stumbled over and explained the words which were giving Tanser difficulty; and Tanser signed the waiver form. During what was described as an “interview” which was later transcribed and introduced as an exhibit, defendant confessed to setting the fire at the Palmatier residence.

The conversation may be broken into three segments, each lasting approximately 15 minutes. During the first segment Brown, Officers King and Bowman, and Assistant Fire Chief Gustafson were present. During the first segment the defendant, after some preliminary questions, was asked if he had set this fire and answered “No.” He was asked about some previous fires and admitted that he had set fires previously. Questions were then asked about fires in his neighborhood and he said he did not have anything to do with those. In the second segment defendant made an admission to Brown alone.

When questioned further about the fire at Palmatier’s, the defendant was accused of having changed his story in some details of his activities that night and Brown asked:

“° * ° [I]f you’ve got a problem, this is what were [sic] for? I’m not here to nail you or anything like that, I don’t want to do it, if you’ve got a problem, then fine, lets [sic] get some help. But there’s no way in heck that I’m going to sit here and believe all this when you change your story. ° * *
Q. Marvin, don’t, do you have a problem.
A. Well, I’ve got a problem.
Q. Want to talk to us about it?
A. Well, if you and I could talk together.
Q. Fine, would you gentlemen want to step outside for a moment or two? Now you want to talk to me about it Marvin?
A. Well, I’ve had problems though. * * * I’m an epileptic. I do things, I have these attacks and lots of times I don’t know you do it, and I’m really ashamed of myself for doing it but I don’t know what to do.
Q. Do you want to discuss these fires with me, that you have said you didn’t set these fires.
A. Tonight I just dropped a match in there I don’t know why.”

Brown then inquired and received answers as to some of the details of setting the fire and the questioning, then returned to other fires in the neighborhood as to which defendant denied guilt. The following interrogation then took place:

“Q. You admitted to a couple of them, if you started then [sic], let’s get them all off your chest. There’s no sense in keeping any of this back, because there’s no, if you had this problem we want to help you with it Marvin, and the only way we can help you with it, is if you tell us about it. We’ve got to be able to help you with it. Okay.
A. Well, I don’t want to go to prison or anything. I know I’m doing wrong but I want help.
Q. Well, this is what we’re here to do and that’s what I want to do is get you some help.”

Brown, with defendant’s permission, then called the other three officers back into the room, stating:

“We’ll see what we can get done for you. Alright?”

In the final segment, Brown asked defendant whether he should discuss it with the others or whether the defendant would. At this point Gustafson said

“G. Anything you say Marvin we’ll hold as confidential, we won’t tell anyone.
A. Well, I know Bill won’t cause Bill and I have been friends for many years when he was a little boy. I never had no kids and Bill and I were together I taught him a lot of things.
Q. Okay.
G. I think I can vouch for these other two to keep everything confidential. Nobody’s out here to [space] anybody or anything like that.
A. Like I told the officer here I’ve got a problem, a bad problem, and I want to correct it. I, I thought I had it once but it didn’t work out.
Q. Okay, Marvin, can we start with the fire tonight and kind of work back on what you and I discussed. We discussed how you started this fire. Would you tell Bill how you did this one?”

Defendant then repeated his admission about the fire that evening as well as two other fires near his home and an additional fire at another place.

Brown testified on cross-examination that the defendant was not told that the conversation was part of a criminal investigation or court proceeding; also, that he had never told defendant that he was in custody nor that he was suspected of arson, although he did tell him that he could stop answering questions at any time. Officer Bowman’s testimony was essentially the same as Brown’s except that he did not recall Tanser asking for an explanation of words which were giving Tanser difficulty. Gustafson stated that Brown specifically did not explain the difficult words to Tanser.

At the close of the evidence the trial judge stated that he felt that the defendant was not in custody but that the investigation had focused upon him, requiring Miranda warnings, which he found to be inadequate.

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Bluebook (online)
394 N.E.2d 616, 75 Ill. App. 3d 482, 31 Ill. Dec. 414, 1979 Ill. App. LEXIS 3102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tanser-illappct-1979.