People v. Townsend, 33 N.Y.2d 37 (1973)
It is impermissible for the police to use a confession, even if otherwise voluntary, obtained from a 17-year-old defendant when police have sealed off the most likely avenue by which the assistance of counsel may reach him by deception and trickery.
Summary
Steven Townsend, a 17-year-old, was convicted of murder. His confession was admitted at trial, but the police obtained it after misleading Townsend’s mother about his whereabouts when she called the station. The New York Court of Appeals reversed the conviction, holding that the police’s deception to prevent access to counsel rendered the confession inadmissible, even if it was otherwise voluntary. The court emphasized that police cannot use trickery to prevent a suspect’s parents from obtaining legal assistance for them.
Facts
Following a murder, Townsend, a 17-year-old high school student, voluntarily went to the police station. While he was being questioned, his mother repeatedly called the police station to ask if her son was there. Each time, the desk officer told her that he was not. After several hours of interrogation, an assistant district attorney arrived and obtained a written confession from Townsend, preceded by Miranda warnings. Only after the written confession was obtained did the police inform Mrs. Townsend that her son was at the station and under arrest for homicide. Townsend also made inculpatory statements to a friend, Horace Hudson.
Procedural History
Townsend was indicted for murder. At a pretrial Huntley hearing, the court held Townsend’s initial oral statements inadmissible because he had not been properly advised of his Miranda rights. However, the court found the written confession to the prosecutor admissible. The Appellate Division affirmed the conviction. Justice Hopkins dissented, arguing that the circumstances surrounding the confession violated due process. The New York Court of Appeals reversed the Appellate Division’s decision.
Issue(s)
Whether a confession obtained from a 17-year-old is admissible when the police, through deception, prevented the defendant’s parent from contacting him and potentially obtaining counsel.
Holding
Yes, because it is impermissible for the police to use a confession, even if it is otherwise voluntary, obtained from a 17-year-old defendant when, in the course of extracting such confession, they have sealed off the most likely avenue by which the assistance of counsel may reach him by means of deception and trickery.
Court’s Reasoning
The court reasoned that the police’s deceptive tactics to prevent Townsend’s mother from contacting him undermined the fundamental safeguards of due process. The court distinguished this case from People v. Hocking, 15 N.Y.2d 973 (1965) and People v. Taylor, 16 N.Y.2d 1038 (1965), where families knew where the defendant was and took no further steps beyond a request to see him. Here, the police actively concealed Townsend’s presence and deceived his mother when she inquired. The court stated, “What the police did here was indefensible. The courts should not accept a confession obtained by the police through tactics calculated to make certain that the defendant’s parents will not take any steps to get him a lawyer.” The court emphasized that the confession followed inadmissible statements and occurred while Townsend’s mother was desperately trying to reach him. The court concluded that because the police used illegal tactics to ensure counsel would not be obtained, the confession was inadmissible. The court allowed the use of statements made to Townsend’s friend, Hudson, as evidence.