New York DWI Lawyer Blog
Recently, a New York court denied a defendant’s motion to suppress incriminating statements he made after leaving the scene of an accident. After the defendant was convicted of the unlicensed operation of a motor vehicle, he filed an appeal, arguing that the court failed to suppress several statements he made in response to an officer’s questions. The court denied the defendant’s motion, determining his freedom was not sufficiently restricted to find that he was subject to custodial interrogation.
The Facts of the Case
According to the court’s opinion, a hit and run took place between a van and a car in which the van drove off immediately following the accident. As the van was driving away, its license plate fell onto the ground, and a county sheriff picked it up to investigate. After identifying the van’s registered owner, another officer from the sheriff’s office decided to visit the owner at his nearby farm. During the visit, the van owner admitted to the officer that the van had been stolen. This admission, along with other incriminating statements, ended up being used against the van owner in court.
The jury found the defendant was guilty and he later appealed. The main issue in his appeal pertained to the admissibility of the statements he made to the sergeant.
The Decision
On appeal, the defendant argued that because of the nature of the conversation between himself and the officer, he did not feel free to leave or to tell the officer he preferred not to answer any questions. The defendant also pointed to the officer’s use of handcuffs as evidence that his freedom was restricted and that he only gave the statements under pressure. Given this restriction on his freedom, said the defendant, the officer unlawfully solicited information from him and the statements should not be used against him in court.
The appellate court denied the defendant’s appeal, deciding that the statements were admissible. The court reasoned that although the defendant felt like the sergeant forced him to answer the questions, the sergeant’s questions were not “accusatory” in nature. The court determined that the officers’ use of handcuffs was permissible because the defendant was standing near several sharp farm implements when the two men were speaking.
The defendant made an additional argument that, due to the officer’s questioning, his statements were voluntary, and that police officers should have Mirandized him before being questioned by the sergeant.
The court, however, disagreed. The court reasoned that the sergeant’s testimony during trial disputed the defendant’s version of events. More specifically, during the trial, the sergeant testified that the defendant’s freedom was not constrained. Because the law is clear that as long as conditions of questioning are not restrictive, Miranda warnings are not required, the court decided that it was acceptable for the officer to bypass the warnings in this circumstance. The court thus denied the defendant’s appeal and affirmed his convictions.
Are You Facing a New York DUI Offense?
If you or a loved one were arrested after being stopped by a police officer, it is important that you have a criminal defense attorney walk you through the various defenses you can make to fight your charges. At The Law Office of Mark A. Siesel, we are a group of zealous, experienced advocates who are ready to stand by your side. We have extensive experience representing clients facing a wide range of New York traffic offenses and violations, including DUI charges. To learn more about how we can help you defend against the charges you face, call us at (914) 428-7386 for a free and confidential consultation.