In yet another opinion that deals a blow to the rights of criminal defendants, the United States Supreme Court has eased some limits on police tactics to obtain incriminating statements after defendants have been appointed legal counsel.
The case of Montejo v. Louisiana involves the arrest of Jesse Montejo for the robbery and murder of Lewis Ferrari. Montejo waived his Miranda rights, and during interrogation by the police eventually admitted to committing the murder. At a subsequent hearing, a judge ordered that Montejo be appointed legal counsel since he could not afford to hire an attorney. Later that day, before Montejo had met with his attorney, police detectives convinced Montejo to accompany them on a search for the murder weapon. After again being apprised of his Miranda rights, Montejo went with the detectives. During that trip he wrote a letter apologizing to the victim's widow. After returning from the excursion, Montejo finally met with his attorney. Though Montejo's attorney objected, the letter of apology was used by prosecutors during trial. After being found guilty, Montejo was sentenced to death.
In subsequent appeals, Montejo argued that since he had not yet met with his court appointed counsel, the police should not have been permitted to talk with him and cajole him into going with them to locate evidence.
The Supreme Court disagreed, stating that Montejo's waiving of his Miranda rights allowed the police to talk with him and ask for his help in locating evidence. The mere appointment of counsel, the Court ruled, does not preclude police from attempting to gather evidence or obtain incriminating statements. The Court did say, though, that once a suspect invokes his/her right to counsel under Miranda, the police must cease interrogation without the presence of counsel.
This ruling highlights the necessity for citizens to closely protect their Fifth Amendment right against self-incrimination and Sixth Amendment right to legal counsel. When being questioned by the police for possible involvement in a crime, it is best to be prudent and say that you will not answer questions without a criminal defense lawyer present. As United States citizens, we are blessed to have our Natural Rights enshrined in our Constitution and embedded in our legal code. This ruling by the Supreme Court, however, provides police with more opportunity to extract incriminating evidence from citizens not familiar with the legal process.
Montejo v. Louisiana, U.S. Supreme Court
"The Supreme Court Moves to the Right, Perhaps Sharply to the Right," California Bar Journal, August 2009
