People v. Dunbar

In 2007, the Queens County District Attorney implemented a central booking pre-arraignment interview program consisting of a structured, videotaped interview conducted by members of the District Attorney’s staff with a suspect immediately prior to arraignment. During these interviews, a detective investigator delivered a scripted “preamble” to the Miranda warnings informing suspects that “this is your opportunity to tell us your story” and “your only opportunity” to speak with the District Attorney staff before going to court. Defendants here made statements in their respective videotaped interviews that they unsuccessfully sought to suppress. The Appellate Divisions reversed and ordered suppression of the statements, concluding that the preamble prevented the Miranda warnings from effectively conveying to suspects their rights. The Court of Appeals affirmed, holding that the preamble undercut the subsequently-communicated Miranda warnings to the extent that Defendants were not adequately and effectively advised of their rights safeguarded by the Fifth Amendment privilege against self-incrimination before they agreed to speak with law enforcement authorities. View "People v. Dunbar" on Justia Law