Criminal Procedure keyed to Weinreb
New York v. Harris
The police found the body of a murder victim in an apartment. The officers had probable cause that the Respondent, Bernard Harris (the “Respondent”), killed the victim. Three police officers went to the Respondent’s home to arrest him, but they did not have an arrest warrant. The police knocked on the Respondent’s door and he let them in. They read him his Miranda Rights for a first time. The Respondent agreed to answer questions and admitted to killing the victim. The Respondent was arrested, taken to the police station and read his Miranda rights again. He then signed a written inculpatory statement. The Respondent was then read his Miranda rights a third time and the interviewed on videotape by the district attorney. This took place even though the Respondent said he wanted to end the interrogation. The trial court suppressed the Respondents’ first and second statements and the state did not challenge those rulings. The New York trial court allowed the other statement to be admitted. The Respondent was then convicted of second-degree murder. The Appellate Division affirmed. The New York Court of Appeals reversed.
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