State v. Saltzman

843 So. 2d 1206, 2002 La.App. 3 Cir. 1350, 2003 La. App. LEXIS 1172, 2003 WL 1916672
CourtLouisiana Court of Appeal
DecidedApril 23, 2003
DocketNo. 02-1350
StatusPublished
Cited by4 cases

This text of 843 So. 2d 1206 (State v. Saltzman) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Saltzman, 843 So. 2d 1206, 2002 La.App. 3 Cir. 1350, 2003 La. App. LEXIS 1172, 2003 WL 1916672 (La. Ct. App. 2003).

Opinion

hTHIBODEAUX, Judge.

On writ application to this court, we will review the trial court’s ruling, which denied defendant’s, B.S., motion to suppress all statements, confessions, and physical evidence obtained during his meeting with a child protection investigator in which a law enforcement officer was present. According to the defendant, statements made during the investigatory meeting with Mr. Martin Caesar, the child protection investigator, were later used to charge him with the crimes of aggravated rape, attempted aggravated rape, and two counts of aggravated incest. The defendant alleges that the questioning amounted to a custodial interrogation and that neither Mr. Caesar nor the police officer informed him of his Miranda rights prior to his first confession. As to defendant’s second confession, defendant asserts that the second statement, taken at the Sheriffs Office, was tainted as it was a fruit of the first confession. Defendant charges that the issuance of Miranda warnings prior to the second confession would not render these statements admissible since the taint had already occurred.

We reverse in part, and affirm in part. The trial court erred in failing to suppress the first confession as the child protection investigator was a “state actor.” Miranda warnings should have been issued prior to the defendant’s statements. However, we disagree that defendant’s second confession, which was videotaped, is a “fruit” of the first confession. Defendant was Mir-andized prior to the videotaped confession. He signed a statement that he understood his rights and voluntarily waived them. Thus, the trial court properly denied defendant’s motion to suppress the second confession.

_LL

ISSUES

We shall consider:

(1) whether the trial court erred in denying defendant’s motion to suppress statements given in violation of the Miranda warnings?
(2) whether the trial court erred in its finding that the issuance of Miranda warnings were not necessary during the investigative interrogation of the defendant by Mr. Ceasar, though Detective Primeaux was present?
(3) whether the trial court erred in its failure to find that Mr. Ceasar was not only a state actor, but also an agent of the Sheriffs Department?
(4) whether the trial court erred in not finding that Detective Primeaux had probable cause to arrest the defendant and that the defendant was in police custody, therefore requiring Miranda warnings prior to any interrogation of the defendant regardless of who administered the questions?
(5) whether the defendant’s videotaped statements were a fruit of the first confession that should have been suppressed?

II.

FACTS

Defendant, B.S., was charged with aggravated rape, attempted aggravated rape, and two counts of aggravated incest against his two minor stepdaughters. Upon receiving a complaint that the defendant was sexually abusing the two young girls, Mr. Ceasar interviewed the defendant. As Mr. Ceasar questioned him, Detective Michael Primeaux, a detective with the Calcasieu Parish Sheriffs Department assigned to this case, was present, but asked no questions of the |3defendant. The defendant made incriminating statements during the course of the interview.

[1209]*1209After the investigator completed his interview, Detective Primeaux began to question the defendant, but only after he had given the defendant his Miranda warnings. At that time, the defendant signed a statement explaining that he understood his Miranda rights and voluntarily waived them. After the defendant signed the waiver form, Detective Pri-meaux informed the defendant that he was under arrest for aggravated rape and aggravated incest.

Shortly after the defendant was arrested, the defendant agreed to give a videotaped statement at the Sheriffs Office. The defendant basically reiterated the statements he had made previously to Mr. Ceasar on the videotape.

On August 29, 2002, the defendant filed a motion to suppress the statements he made to Mr. Caesar and Detective Pri-meaux. Defendant’s motion to suppress was denied. On writ application to this court, defendant asserts that the trial court erred in denying his motion to suppress.

III.

LAW AND DISCUSSION

Miranda Warnings and State Action

The defendant contends that the confession he gave Mr. Ceasar should be suppressed because it was given without Miranda warnings and was not given freely and voluntarily. The defendant claims that when he was interviewed by Mr. Cea-sar in the presence of Detective Primeaux, he was subject to a custodial interrogation by a state actor. Thus, he should have been given the Miranda warnings before being interviewed.

|4The supreme court has stated the following regarding the necessity of Miranda warnings:

Miranda sets forth the doctrine that the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. Miranda at 384 U.S. 436, 444, 86 S.Ct. 1602, 1612, 16 L.Ed.2d 694. [Footnote omitted.] However, Miranda only applies where the party performing the “interrogation” is a “state actor.” See State v. Martin, 94-252 (La.App. 5 Cir. 10/24/94), 645 So.2d 752, writ denied, 94-2787 (La.3/10/95), 650 So.2d 1174.
In Wesi v. Atkins, 487 U.S. 42, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988), the United States Supreme [C]ourt defined state action as “the deprivation caused by the exercise of some right or privilege created by the State ... or by a person for whom the State is responsible,” and “the party charged with the deprivation must be a person who may fairly be said to be a state actor.” The Court further stated that “[S]tate employment is generally sufficient to render the party a state actor.” Id. at 47, 487 U.S. 42, 108 S.Ct. 2250, 101 L.Ed.2d 40.
[0]ur next inquiry is whether the defendant had undergone a custodial interrogation. In Miranda, the Supreme Court defined “custodial interrogation” as “questioning, initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” 384 U.S. at 444, 86 S.Ct. at 1612. “[T]he only relevant inquiry in determining whether there was a formal arrest or a restraint on the freedom of movement of the degree associated with an arrest is ‘how a reasonable man in the suspect’s position would have under[1210]*1210stood the situation.’ ” Berkemer v. McCarty, 468 U.S. 420, 442, 104 S.Ct. 3138, 3151, 82 L.Ed.2d 317 (1984).

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Bluebook (online)
843 So. 2d 1206, 2002 La.App. 3 Cir. 1350, 2003 La. App. LEXIS 1172, 2003 WL 1916672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-saltzman-lactapp-2003.