People v. Cunningham, 49 N.Y.2d 203 (1980)
Once a suspect in custody invokes their right to counsel, police must scrupulously honor that request, and cannot resume interrogation about the same crime shortly thereafter without counsel present, even if Miranda rights are re-administered.
Summary
Cunningham was arrested for attempted burglary with two others. After initially being questioned without Miranda warnings, he invoked his right to counsel. Shortly after, a different officer re-initiated questioning about the same crime, obtained incriminating statements, and a written confession after confronting Cunningham with a co-defendant’s statement. The New York Court of Appeals held that the confession was inadmissible because the police failed to scrupulously honor Cunningham’s prior request for counsel. This case clarifies the obligations of law enforcement following a suspect’s invocation of their right to counsel during custodial interrogation.
Facts
Cunningham was arrested with Harvey and Eason for attempted burglary. At the time of his arrest, the police seized evidence from their car and obtained statements from Cunningham without advising him of his Miranda rights. Later, at the police station, after being advised of his rights, Cunningham stated he wanted an attorney and did not wish to answer questions without counsel. The initial questioning ceased, and he was allowed to call his mother and ask her to contact an attorney.
Procedural History
Cunningham moved to suppress his statements and the physical evidence. The County Court suppressed statements made before Miranda warnings but denied the rest of the motion. Cunningham pleaded guilty to criminal facilitation. The Appellate Term reversed, set aside the plea, and suppressed the confession. The People appealed to the Court of Appeals.
Issue(s)
Whether a confession obtained after a suspect invokes the right to counsel, but is subsequently re-interrogated shortly thereafter about the same crime without counsel present, is admissible, when police briefly complied with the request but then resumed questioning and confronted the suspect with a co-defendant’s statement?
Holding
No, because the police did not scrupulously honor Cunningham’s request for counsel before re-initiating interrogation about the same criminal offense.
Court’s Reasoning
The Court of Appeals emphasized that when a defendant invokes their right to counsel, Miranda imposes additional obligations on the police, beyond simply advising the defendant of their rights. While the police briefly complied with Cunningham’s request by terminating the interrogation and allowing him to attempt to contact a lawyer, they almost immediately re-initiated questioning about the same crime before he had an opportunity to consult with counsel and without re-advising him of his rights. Confronting Cunningham with Harvey’s statement was coercive, designed to induce him to change his mind and respond to questioning without an attorney. The court emphasized that “[t]his type of conduct cannot be said to be consistent with the obligation of the police to scrupulously honor the defendant’s request for counsel and his refusal to answer questions about the attempted burglary without an attorney’s assistance.” The court distinguished this situation from a permissible break in questioning. This case underscores the importance of respecting a suspect’s right to counsel once invoked, preventing immediate resumption of interrogation on the same matter.