People v. Smith

We are asked in this case to extend the “good faith” exception to the Fourth Amendment’s exclusionary rule to salvage a confession obtained in violation of the Fifth Amendment. We decline.

Background

James Powell was at Yvonne Lane’s apartment when Appellant Val Lamar Smith (who is deaf) and four other men (“Howard,” “Vincent” and two others who remained nameless) arrived. Smith and Powell argued. Vincent handed a gun to Smith, who fired three shots at an unarmed Powell (killing him), then gave the gun back to Vincent and left the apartment.

Smith’s wallet was found at the scene and he was arrested. Through a sign language interpreter (Cheryl Fernandez), Smith was told he was being questioned about “the incident that happened, the shooting,” and was advised of his Miranda rights. (Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602 , 10 A.L.R.3d 974 ].) This is what happened next (the interview was videotaped and audio taped):

Smith first told Detective Fisk that one of the other men had fought with Powell and shot him. After Detective Fisk said he knew Smith was the shooter, Smith said Howard had handed guns to Smith and Vincent, that he (Smith) had…