Confessions and admissions
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Miranda v. Arizona (1966) 384 U.S. 436.
| Not Attenuated | |||
|---|---|---|---|
| Case | Time Lapse | Intervening Factors | Misconduct |
| Wong Sun v United States (1963) 371 U.S. 471, 486 [83 S.Ct. 407, 9 L.Ed.2d 441] (confession of Toy) | Minutes | None | Arrest without probable cause |
| Brown v Illinois (1975) 422 U.S. 590, 604-605 [95 S.Ct. 2254, 45 L.Ed.2d 416] | Approximately 2 hours | Miranda | Arrest without probable cause and for purpose of questioning |
| Dunaway v New York (1979) 442 U.S. 200, 218-219 [99 S.Ct 2248, 60 L.Ed.2d 824] | Approximately 2 hours | Miranda | Arrest without probable cause and for purpose of questioning |
| Taylor v Alabama (1982) 457 U.S. 687, 690-691 [102 S.Ct 2664, 73 L.Ed.2d 314] | 6 hours | 3 Miranda warnings; confession followed conversation with friends; arrest warrant filed before confession | Same |
| People v Boyer (1989) 48 Cal.3d 247, 269 [256 Cal.Rptr. 96] | Less than 4 hours | Miranda admonition; "consent" to accompany officers; defendant volunteered "I can't live with it" | Same; consent not free; statement after defendant told repeatedly he could not live with his guilt |
| People v Gonzalez (1998) 64 Cal.App.4th 432, 446-447 [75 Cal.Rptr.2d 272] (Mac's Liquor confession) | 3½–5½ hours | Miranda admonition | Lack of probable cause; defendant arrested to see what might turn up |
| Lozoya v Superior Court (1987) 189 Cal.App.3d 1332, 1341-1346 [235 Cal.Rptr. 77] | 4 days | Prior unattenuated admissions; possibly, confrontation with codefendant's statement | Same; egregious questioning |
| People v Jenkins (2004) 122 Cal.App.4th 1160, 1178 [19 Cal.Rptr.3d 386] | None | Miranda admonition | Custodial traffic arrest for purpose of questioning about felony; over 16-hour illegal detention |
| People v Medina (2003) 110 Cal.App.4th 171 [1 Cal.Rptr.3d 546] | None | Voluntary answer to question | Questioning in conjunction with illegal pat-down |
| Attentuated | |||
| Case | Time Lapse | Intervening Factors | Misconduct |
| Wong Sun v United States (1963) 371 U.S. 471, 491 [83 S.Ct. 407, 9 L.Ed.2d 441] (confession of Wong Sun) | Several days | Arraignment, O.R., voluntary return to give statement | Arrest without probable cause |
| Rawlings v Kentucky (1980) 448 U.S. 98, 107 [100 S.Ct 2556, 65 L.Ed. 2d 633] | 45 minutes | Miranda admonition; spontaneous reaction to discovery of drugs in another's purse | Detention while search warrant sought |
| People v Beardslee (1991) 53 Cal.3d 68, 109 [279 Cal.Rptr. 276] | 11 years | Miranda admonition; police illegality occurred in another state; exemplary conduct by local police to whom defendant gave statement | Police perjury |
| People v Gonzalez (1998) 64 Cal.App.4th 432, 447 [75 Cal.Rptr.2d 272] (Paul's Kitchen confession) | 1 day | Miranda; questioning by officers from wholly unrelated agency | Lack of probable cause, but arresting officers knew nothing about crime involved in confession |
| People v De Juan (1985) 171 Cal.App.3d 1110, 1123-1124 [217 Cal.Rptr. 642] | Probably an hour or less | Miranda admonition; defendant told he was not under arrest; defendant said he wanted to clear matter up | Police allowed private investigators to unlawfully arrest and transport defendant; threats by investigators |
| People v Jenkins (2004) 122 Cal.App.4th 1160, 1179 [19 Cal.Rptr.3d 386] | 3 days | Out-of-custody defendant voluntarily returned to station; Miranda rights reread | Illegal detention for over 16 hours |