People v. Paulin, 25 N.Y.2d 447 (1969)

Once a suspect in custody requests an attorney, police may not question the suspect in the absence of counsel unless there is an affirmative waiver, in the presence of the attorney, of the right to counsel; evidence obtained in violation of this rule is inadmissible.

Summary

Janet Paulin was indicted for the second-degree murder of her husband. Prior to trial, she moved to suppress oral statements and physical evidence. The trial court granted the motion, and the Appellate Division affirmed. The New York Court of Appeals affirmed, holding that Paulin was subjected to custodial interrogation without being properly advised of her rights and after requesting counsel. Statements made during this time, and physical evidence derived from those statements (a cooking pot) or seized as a result of an illegal search (a knife), were deemed inadmissible “fruit” of the initial constitutional violation.

Facts

On June 12, 1967, police went to Janet Paulin’s home to investigate the death of her husband, Joseph Paulin. Upon arrival, Lt. Kuzia questioned Paulin for 20 minutes without giving her Miranda warnings, during which time she made several admissions. After being warned, Paulin requested her lawyer, who arranged for his associate to come to the house. Before the lawyer arrived, Capt. Chieco arrived and engaged Paulin in conversation despite knowing her lawyer was en route. Paulin then admitted to striking her husband with a cooking pot, which she pointed out to police. Later, after stab wounds were discovered on the body, Capt. Chieco ordered a search of kitchen utensils, and a stained knife was seized. Paulin was then formally arrested.

Procedural History

The County Court of Saratoga County granted Paulin’s motion to suppress her oral statements and the physical evidence (cooking pot and knife). The Appellate Division unanimously affirmed. The People appealed to the New York Court of Appeals.

Issue(s)

1. Whether the oral statements made by Paulin to Lt. Kuzia before receiving Miranda warnings were admissible, given the claim she was undergoing custodial interrogation at the time.
2. Whether the statements made to Capt. Chieco were admissible, considering that Paulin had requested counsel and Capt. Chieco initiated conversation with her.
3. Whether the metal cooking pot was admissible, given that it was located as a result of the statements made to Capt. Chieco.
4. Whether the kitchen knife was admissible, given that it was seized during a search that preceded Paulin’s formal arrest.

Holding

1. Yes, the statements to Lt. Kuzia were inadmissible because the lower courts’ affirmed finding of fact, supported by the record, indicated that she was undergoing custodial interrogation before being advised of her rights.
2. Yes, the statements to Capt. Chieco were inadmissible because the lower courts found that Capt. Chieco’s conversation constituted a disguised interrogation after Paulin requested counsel, and she did not affirmatively waive her rights.
3. Yes, the metal cooking pot was inadmissible because it was the direct consequence (fruit) of the inadmissible statements made to Capt. Chieco.
4. Yes, the kitchen knife was inadmissible because it was seized during a search that preceded Paulin’s formal arrest, rendering it an unlawful search.

Court’s Reasoning

The Court of Appeals deferred to the affirmed findings of fact by the lower courts. The court noted that the questioning of a suspect in her own home does not automatically constitute custodial interrogation. However, the circumstances in this case—the condition of the body, its placement, and Paulin’s behavior—supported the finding that she was in custody.

Regarding Capt. Chieco’s actions, the court cited Miranda v. Arizona, stating that if a defendant requests an attorney before speaking to police, they must respect that decision. The court also cited People v. Arthur, which held, “Once an attorney enters the proceeding, the police may not question the defendant in the absence of counsel unless there is an affirmative waiver, in the presence of the attorney, of the defendant’s right to counsel.” Since Capt. Chieco knew Paulin’s lawyer was on the way and she had not waived her right to counsel, the interrogation was impermissible.

Because the cooking pot was discovered as a result of the inadmissible statements to Capt. Chieco, it was deemed inadmissible as “fruit” of the poisonous tree. The knife was inadmissible because the search that yielded it preceded Paulin’s arrest, and was not a valid search incident to arrest.