Our client was indicted on murder charges in Fulton County Superior Court.
Following his arrest, he was interrogated for over four hours by a homicide detective with the Atlanta Police Department. A couple hours into the interrogation, the detective told the client that what they were doing was “confidential” and that no one would be told what the client said during the interview. Following these statements by the detective, the client confessed to the crime.
We filed a motion in Superior Court seeking to suppress the confession contending that the client believed that his statements would not be used against him court. The Superior Court denied our motion and we appealed to the Georgia Supreme Court.
The Supreme Court reversed the ruling and held that the statements made by the detective were contrary to the Miranda warnings that advise suspects that anything they say will be used against them. The Court held that by telling the client that the interview was confidential, it precluded the State from using the confession against him in court. This was a case of first impression in the State and it has served to limit the ability of police officers to engage in deceptive interrogation tactics with suspects who have recently been arrested.
Categories | Appeals,