People v. Davis, 67 N.Y.2d 514 (1986)
An individual who requests counsel during a non-custodial interrogation can later waive that right, even outside the presence of counsel, provided the waiver is knowing, intelligent, and voluntary.
Summary
Brenda Davis was convicted of felony murder. Prior to her guilty plea, she moved to suppress statements made to police, arguing that they were obtained in violation of her right to counsel. She initially requested counsel during a non-custodial interview, but later waived her rights during a custodial interrogation the following day. The County Court suppressed the first statement, but admitted the second. The Appellate Division reversed, suppressing the second statement as well. The New York Court of Appeals reversed, holding that a suspect who requested counsel while not in custody may later waive that right before formal proceedings begin, and remitted the case to the Appellate Division to determine the validity of the waiver.
Facts
Brenda Davis lived on a farm with her daughter, James Davis, and Jessie White. Elizabeth Schlitt, James Davis’s girlfriend, died on the farm. Initially, Davis and the codefendant claimed Schlitt died from a fall in the barn. An autopsy revealed she died from multiple injuries, including sexual assault. During a non-custodial interview at the farm, after being read her Miranda rights, Davis requested a lawyer after being confronted with James Davis’s confession. The deputies ceased questioning at that time but told her they would return the next day. The next day, deputies found a note from Davis and met her at her sister’s house, asking her to come to the Sheriff’s office for questioning. She voluntarily accompanied them. She was given Miranda warnings, waived her rights, and gave incriminating statements.
Procedural History
The County Court suppressed statements Davis made after requesting counsel on August 25 but denied suppression of those made on August 26, finding a valid waiver. The Appellate Division reversed, suppressing the August 26 statements. The People appealed to the New York Court of Appeals.
Issue(s)
Whether a suspect who has requested counsel during a non-custodial interrogation may subsequently waive that right, without counsel present, during a later custodial interrogation?
Holding
Yes, because the protections afforded to suspects who request counsel are different in custodial versus non-custodial settings. The coercive atmosphere of custodial interrogation necessitates stricter protections.
Court’s Reasoning
The Court of Appeals acknowledged the robust right to counsel in New York, extending beyond the federal constitutional right. It identified two scenarios where the right to counsel attaches indelibly, requiring counsel’s presence for a valid waiver: (1) after formal proceedings commence, and (2) when a suspect in custody has retained or requested an attorney. However, this case did not fall within either of these rules. The court distinguished People v. Cunningham, noting that Davis was not in custody when she initially requested counsel. The court reasoned that during a non-custodial interview, the coercive power of the state is limited because the suspect can refuse to answer questions or leave. The court stated: “In a noncustodial interview, however, a witness or suspect is not constrained by police influence and does not suffer ‘the disadvantage’ of being ‘directly confronted with the awesome law enforcement machinery possessed by the State.’” The court emphasized that the ultimate question is whether the People met their burden of proving a knowing, intelligent, and voluntary waiver. Factors relevant to this determination include whether the defendant was fully advised of their rights, whether the defendant initiated further communication with police, and whether there was a break in interrogation providing a reasonable opportunity to contact an attorney. The court remitted the case to the Appellate Division to consider the unreviewed factual question of whether Davis’s waiver was indeed knowing, intelligent, and voluntary. The Court noted that it is always desirable to remind the defendant of the earlier request and obtain an express withdrawal.