The Michigan Supreme Court has ruled that police cannot trick suspects into waiving their right to remain silent and have an attorney present during questioning, a ruling the American Civil Liberties Union is applauding.
In the pending murder case against Daren Fenderson in Wayne County, Detroit police were interrogating Fenderson when he asked for an attorney, according to the Michigan Supreme Court. The officers left the room to find him an appointed attorney because he could not afford one himself and came back and told him “you don’t got one” when Fenderson asked where his attorney was.
The officer told Fenderson police tried to call an attorney, but no one was available, and when Fenderson expressed confusion at the next steps, the officer told him he asked for an attorney and he couldn’t talk to him without one, according to the Supreme Court. The officer told him “the story you got is the story we gon’ go with” and said he was going to seek a warrant, according to the court.
The officer told Fenderson if he wanted to talk to police, he had to say he wanted to do it without an attorney. Fenderson repeatedly said he wanted to “get this over with,” agreed to talk without an attorney and the officer reread Fenderson his Miranda rights and continued with the interrogation.
The Supreme Court found Fenderson’s Miranda rights were violated when police pushed past Fenderson’s request for an attorney and did not wait for one to be found for him.
The ACLU of Michigan applauded the court’s decision, noting the officer’s “coercive interrogation techniques” violated Fenderson’s rights.
“Protections against self-incrimination and guaranteeing the right to counsel are fundamental to our criminal legal system. They protect against false confessions and police abuses. Complying with these rights requires nothing more than for the government to act in a fair and non-manipulative manner towards the public,” said Phil Mayor, deputy legal director for the ACLU of Michigan. “It is heartening to see the Michigan Supreme Court recognize the importance of these principles, sending the message to law enforcement agencies throughout the state that they can’t use trickery and coercion to deprive suspects of an attorney when one is requested. This is an important win that helps protect the rights of all Michiganders subjected to police interrogations.”
The Supreme Court decision was nearly unanimous, with only Justice Brian Zahra dissenting and saying he thought Fenderson waived his rights to an attorney “voluntarily, knowingly, and intelligently.”
kberg@detroitnews.com
This article originally appeared on The Detroit News: Michigan Supreme Court: Police cannot trick suspects out of attorney
Reporting by Kara Berg, The Detroit News / The Detroit News
USA TODAY Network via Reuters Connect
By Kara Berg, The Detroit News | USA TODAY Network
