Orozco

People v. Orozco

Good Law
244 Cal. Rptr. 3d 337·32 Cal. App. 5th 802
Court of Appeal of CaliforniaFebruary 28, 2019B288942California6,755 words

Opinion

Lead Opinion

Hoffstadt, J.

*806 While watching his six-month-old daughter by himself one evening, a man struck her so hard that he killed her. He confessed to doing so while meeting privately with the child's mother in a police interview room, and the trial court admitted the confession at trial. That meeting, however, was orchestrated by police and occurred just hours after defendant had been questioned by police, had proffered an innocent explanation for the infant's death, and had thereafter repeatedly asked for a lawyer. This appeal presents three questions bearing on the admissibility of confessions in *341 criminal cases: (1) Does a suspect's invocation of his right to counsel under Miranda v. Arizona (1966) 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 ( Miranda ) preclude the admission of a confession a suspect subsequently makes to a person he is unaware is functioning as an agent of law enforcement, (2) Does continued questioning of a suspect after invocation of the Miranda right to counsel automatically taint any subsequent confession, and (3) Does the above described law enforcement conduct otherwise violate due process? We conclude that the answer to all three questions is "no," and affirm the…

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