Can the Police Record Your Conversations With Another Suspect?

It is well understood that Florida law enforcement must advise a criminal suspect of their right to remain silent prior to a custodial interrogation. This is part of the famous Miranda warning. But what about a situation where you are in police custody and make a potentially incriminating statement to a fellow suspect? Could the police record and use that statement against you prior to giving a Miranda warning?

Florida Appeals Court Upholds Murder Conviction

A recent decision from the Florida Fourth District Court of Appeal, Marotta v. State, addressed these questions. This case involved a double murder in Broward County. Police found an elderly couple stabbed to death in their home. Various items of jewelry were also missing from the house.

Police later arrested two suspects, including the defendant in this case. The co-defendant told the police that he could obtain a confession from the defendant. The police agreed to place the co-defendant in a room with the defendant. A detective later testified they did this to determine “whether the co-defendant was telling him the truth, not necessarily to draw [the defendant’s] confession.”

Nevertheless, the police left the two suspects in a room together. The defendant had not yet been giving a Miranda warning. The two men talked, with the defendant unaware that police were recording the conversation. During this conversation, the defendant made several incriminating comments. The defendant then agreed to speak with the detectives after receiving a Miranda warning. During this interrogation, the defendant confessed to the murders.

At trial, the defendant moved to suppress his confession and the statements made to the co-defendant as the products of a Miranda violation. The trial court denied the motion. A jury proceeded to find the defendant guilty of multiple crimes arising from the murders. The trial judge sentenced the defendant to life in prison.

On appeal, the defendant again objected to the use of his conversation with the co-defendant as evidence at trial. The Fourth District rejected this argument and affirmed the defendant’s conviction. The appellate court noted that in this context, the co-defendant did not “interrogate” the defendant. Indeed, the defendant “had no reason to believe the co-defendant was acting on behalf of the police.” Nor did the police “recruit” the co-defendant to elicit a confession. As previously noted, it was the co-defendant who volunteered to speak with the defendant. Given this context, the Fourth District held there was no violation of the defendant’s constitutional rights.

Contact AsiliA Law Firm Today

When you are in police custody, it is best never to speak to anyone, especially not a possible accomplice who has every incentive to deliver your confession in exchange for possible consideration from the state. The only person you should speak to is a qualified Miami murder and homicide attorney who will help to ensure the police and the courts respect your right to remain silent. Call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.

Source:

4dca.flcourts.gov/content/download/2438426/opinion/Opinion_2023-0448.pdf