New York Law Review

Tag: People v. Arthur

  • People v. Arthur, 22 N.Y.2d 325 (1968): Right to Counsel Attaches Upon Attorney’s Communication with Police

    People v. Arthur, 22 N.Y.2d 325 (1968)

    Once the police are aware that a defendant is represented by counsel, or that an attorney has communicated with the police to represent the defendant, the accused’s right to counsel attaches, and this right is not dependent on a formal retainer or a request from the attorney not to question the defendant.

    Summary

    Arthur was arrested for throwing his son into a river. An attorney, Stern, who knew Arthur, saw the news and went to the police station, identifying himself as Arthur’s attorney and asking to see him. The police allowed Stern to see Arthur after questioning. Stern advised the police that Arthur was sick and shouldn’t be questioned further. The next day, police questioned Arthur without counsel, and he made incriminating statements. The court held that Arthur’s right to counsel was violated when police questioned him after Stern had communicated his representation, regardless of a formal retainer or an explicit request to cease questioning. The confession and subsequent statements were deemed inadmissible.

    Facts

    The defendant, Arthur, threw his two-year-old son into a river.

    He was arrested and confessed to the crime.

    Attorney Stern, who knew Arthur and had previously represented him, saw a news report about the incident and went to the police station.

    Stern identified himself to the police as Arthur’s attorney and asked to see him.

    The police allowed Stern to see Arthur after they finished questioning him.

    Stern told the police that Arthur was unwell and should not be questioned further.

    The next morning, police questioned Arthur without his attorney present, and Arthur made incriminating statements.

    Procedural History

    Arthur was indicted for attempted murder in the first degree.

    His written confession was admitted into evidence at trial.

    A detective testified to Arthur’s incriminating statements made the day after the arrest; this testimony was not objected to.

    Arthur was convicted of attempted murder in the second degree.

    The Appellate Division affirmed the conviction.

    Arthur appealed to the New York Court of Appeals, arguing that his confession and subsequent statements were inadmissible because they were obtained after his attorney had requested to see him.

    Issue(s)

    Whether the defendant’s written confession was inadmissible because it was obtained after his attorney had requested to see him?

    Whether the oral admissions made to the detective were inadmissible because they were obtained in the absence of counsel after his attorney had been granted access to him?

    Holding

    Yes, because once the police are aware that a defendant is represented by counsel, they cannot question the defendant in the absence of counsel without an affirmative waiver of the right to counsel in the attorney’s presence.

    Yes, because the right to counsel attaches when the attorney communicates with the police for the purpose of representing the defendant.

    Court’s Reasoning

    The court reasoned that prior cases like People v. Donovan, People v. Failla, and People v. Gunner established a broad protection of the right to counsel, not solely dependent on retained counsel. The critical factor is that the police were aware that Arthur had an attorney who was seeking to represent him. The court stated: “[O]nce the police know or have been apprised of the fact that the defendant is represented by counsel or that an attorney has communicated with the police for the purpose of representing the defendant, the accused’s right to counsel attaches; and this right is not dependent upon the existence of a formal retainer.”

    The court rejected the argument that Stern needed to explicitly instruct the police not to question Arthur. Once an attorney enters the proceeding, the police are barred from questioning the defendant without a waiver of the right to counsel in the attorney’s presence. The court emphasized that “[o]nce 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.”

    The court addressed the lack of objection to the detective’s testimony, noting that the deprivation of a fundamental constitutional right warranted review despite the lack of a specific objection at trial.

    The court concluded that both the written confession and the oral admissions were obtained in violation of Arthur’s right to counsel and were thus inadmissible. This case expands the right to counsel by clarifying that it attaches as soon as the police are aware an attorney is representing or attempting to represent a suspect, emphasizing the state’s duty to respect that right.

  • People v. Arthur, 22 N.Y.2d 226 (1968): Right to Counsel Attaches When Attorney Contacts Police

    People v. Arthur, 22 N.Y.2d 325, 293 N.Y.S.2d 155, 239 N.E.2d 895 (1968)

    Once a retained attorney informs the police that they represent a suspect and do not want any statements taken, the police are precluded from questioning the suspect in the absence of counsel, and any statements obtained thereafter are inadmissible.

    Summary

    Arthur was convicted of felony murder. While in custody in California, an attorney retained by Arthur’s parents contacted the Nassau County Police and told them not to take any statements from Arthur. Despite this, the police continued to question Arthur, obtaining several incriminating statements. The New York Court of Appeals held that any statements taken after the attorney contacted the police were inadmissible, even if the attorney was not physically present and did not formally request to see Arthur. The court reasoned that the critical point is whether the police were aware that the suspect had legal representation and that the attorney did not want questioning to proceed.

    Facts

    Arthur was arrested in Los Angeles for a murder committed in Nassau County, New York. The Nassau County police suspected Arthur of shooting a store proprietor with a 12-gauge shotgun on July 16, 1962. Upon arrest, a search of the rented car Arthur used revealed two pistols stolen from the murdered man’s store. Arthur made several incriminating statements to the police both before and after an attorney, Wallace, retained by his parents, contacted the police. Wallace specifically instructed the police not to take any statements from Arthur.

    Procedural History

    Arthur was convicted of felony murder and sentenced to life imprisonment. The Appellate Division reversed the conviction and ordered a new trial, finding that several pretrial statements were improperly admitted into evidence. The People appealed, arguing that only the statements taken after the attorney was denied access to the defendant should have been excluded. The defendant argued that even more statements should have been excluded.

    Issue(s)

    Whether inculpatory statements made by a suspect to law enforcement officers are admissible when the statements are made after a retained attorney has informed the police that they represent the suspect and do not want any statements taken from him, but before the attorney has had the opportunity to consult with the suspect.

    Holding

    Yes, because once a retained attorney informs the police that they represent a suspect and do not want any statements taken, the police are precluded from questioning the suspect in the absence of counsel, and any statements obtained thereafter are inadmissible.

    Court’s Reasoning

    The court reasoned that its prior decision in People v. Donovan sought to prohibit the police from questioning a suspect in the absence of counsel after an attorney has been retained to represent them and has informed the police of their retention. The court emphasized that the focus should not be on whether the attorney physically presented themself or requested to consult with the client. Instead, the critical factor is whether the police were aware of the attorney’s representation and their explicit instruction that no statements be taken. The court stated: “As is manifest, our decision in Donovan sought to prohibit the police from questioning a suspect, in the absence of counsel, after an attorney has been retained to represent him and has apprised the police of his retention.”

    The court distinguished the situation from cases where the suspect had not yet retained counsel, even if they were a prime suspect. In those circumstances, the majority held that police were not obligated to advise the suspect of their right to remain silent or their right to a lawyer.

    Chief Judge Fuld and another judge dissented on this point, arguing that the additional statements made after arrest but before the lawyer contacted police should also be excluded.