Use of the “Question First, Warn Later” Tactic Not a Curative Measure in Police Interrogation

Police that question a suspect first, get a statement, recite the Miranda warnings, and then solicit the statement again can no longer rely on the warning as a curative measure under Missouri v. Seibert

Reyes v. Lewis, 2016 BL 266420, 9th Cir., No. 12-56650, 8/17/16.

   The Ninth Circuit found that the police tactic of questioning a suspect, receiving a statement, and then giving their Miranda warnings would not make a second statement admissible in court. Police must take special “curative measures” to ensure that the suspect understands their rights, even if a statement is obtained from the suspect before their Miranda warnings. The purposeful tactic of questioning first and then providing the warning afterwards cannot be used without further measures to ensure that a reasonable person would understand the effect of the Miranda warnings and waiver.

https://www.bloomberglaw.com/public/desktop/document/Reyes_v_Lewis_No_1256650_2016_BL_266420_9th_Cir_Aug_17_2016_Court?1472579705