Section 11.18 Question of Interrogation

• Library: Criminal Practice 2012 Supp

b. (§11.18) Question of Interrogation

Even if in custody for Fifth Amendment purposes, the accused may not be entitled to Miranda warnings if the questioning does not rise to the level of “interrogation,” which the Miranda Court defined as “questioning initiated by law enforcement officers.” Miranda v. Ariz., 384 U.S. 436, 444 (1966). In Rhode Island v. Innis, 446 U.S. 291, 300–01 (1980), the Supreme Court expanded the definition of “interrogation” to include not only express questioning but also its “functional equivalent,” that is, “words or actions on the part of the police . . . that the police should know are reasonably likely to elicit an incriminating response from the suspect.” To determine whether the officer’s conduct rose to the level of interrogation, the focus is on the suspect’s perceptions, not the officer’s intentions. A person who is asked preliminary, investigatory questions by police officers is not “in custody,” thus triggering the Miranda protections. State v. Kerr, 114 S.W.3d 459, 462 (Mo. App. S.D. 2003).

In State v. Reasonover, 714 S.W.2d 706 (Mo. App. E.D. 1986), cert....