After respondent called the police to report a homicide in which
he was involved, he voluntarily accompanied them to the station
house, having been told that he was not under arrest. At the
station house, the police did not advise respondent of his rights
under
Miranda v. Arizona, 384 U.
S. 436, and after an interview that lasted less than 30
minutes, he was allowed to leave. He was arrested five days later
and, after receiving
Miranda warnings, gave a second
confession during which he admitted that his earlier interview had
been given voluntarily. Subsequently, respondent was convicted in a
California state court for aiding and abetting first-degree murder,
the court having admitted into evidence respondent's statements at
both interviews. The California Court of Appeal reversed, holding
that the first police interview constituted custodial
interrogation, which activated the need for
Miranda
warnings.
Held: Miranda warnings were not required at
respondent's first interview with the police. For
Miranda
purposes, "custodial interrogation" means questioning initiated by
law enforcement officers after a person has been taken into custody
or otherwise deprived of his freedom of action in any significant
way. Respondent was neither taken into custody for the first
interview nor significantly deprived of his freedom of action.
Although the circumstances of each case must influence a
determination of whether a suspect is "in custody," the ultimate
inquiry is merely whether there is a formal arrest or restraint on
freedom of movement of the degree associated with a formal arrest.
Miranda warnings are not required simply because the
questioning takes place in a coercive environment in the station
house or because the questioned person is one whom the police
suspect.
Cf. Oregon v. Mathiason, 429 U.
S. 492.
Certiorari granted; reversed and remanded.
PER CURIAM.
The question presented in this petition for certiorari is
whether
Miranda warnings are required if the suspect is
not placed under arrest, voluntarily comes to the police station,
and is allowed to leave unhindered by police after a brief
interview. Because this question has already been settled
Page 463 U. S. 1122
clearly by past decisions of this Court, we reverse a decision
of the California Court of Appeal holding that
Miranda
warnings are required in these circumstances.
I
The respondent, Jerry Beheler, and several acquaintances,
attempted to steal a quantity of hashish from Peggy Dean, who was
selling the drug in the parking lot of a liquor store. Dean was
killed by Beheler's companion and stepbrother, Danny Wilbanks, when
she refused to relinquish her hashish. Shortly thereafter, Beheler
called the police, who arrived almost immediately.
See
Brief in Opposition 3. He told the police that Wilbanks had killed
the victim, and that other companions had hidden the gun in the
Behelers' backyard. Beheler gave consent to search the yard, and
the gun was found. Later that evening, Beheler voluntarily agreed
to accompany police to the station house, although the police
specifically told Beheler that he was not under arrest.
At the station house, Beheler agreed to talk to police about the
murder, although the police did not advise Beheler of the rights
provided him under
Miranda v. Arizona, 384 U.
S. 436 (1966). The interview lasted less than 30
minutes. After being told that his statement would be evaluated by
the District Attorney, Beheler was permitted to return to his home.
Five days later, Beheler was arrested in connection with the Dean
murder. After he was fully advised of his
Miranda rights,
he waived those rights and gave a second, taped confession during
which he admitted that his earlier interview with the police had
been given voluntarily. The trial court found that it was not
necessary for police to advise Beheler of his
Miranda
rights prior to the first interview, and Beheler's statements at
both interviews were admitted into evidence.
The California Court of Appeal reversed Beheler's conviction for
aiding and abetting first-degree murder, holding that the first
interview with police constituted custodial interrogation,
Page 463 U. S. 1123
which activated the need for
Miranda warnings. The
court focused on the fact that the interview took place in the
station house, that, before the station house interview, the police
had already identified Beheler as a suspect in the case because
Beheler had discussed the murder with police earlier, and that the
interview was designed to produce incriminating responses. Although
the indicia of arrest were not present, the balancing of the other
factors led the court to conclude that the State "has not met its
burden of establishing that [Beheler] was not in custody" during
the first interview. App. to Pet. for Cert. 36. [
Footnote 1]
II
We held in
Miranda that
"[b]y custodial interrogation, we mean questioning initiated by
law enforcement officers after a person has been taken into custody
or otherwise deprived of his freedom of action in any significant
way."
384 U.S. at
384 U. S. 444
(footnote omitted). It is beyond doubt that Beheler was neither
taken into custody nor significantly deprived of his freedom of
action. Indeed, Beheler's freedom was not restricted in any way
whatsoever.
In
Oregon v. Mathiason, 429 U.
S. 492 (1977), which involved a factual context
remarkably similar to the present case, we held that the suspect
was not "in custody" within the meaning of
Miranda. The
police initiated contact with Mathiason, who agreed to come to the
patrol office. There, the police conducted an interview after
informing Mathiason that they suspected him of committing a
burglary, and that the truthfulness of any statement that he made
would be
Page 463 U. S. 1124
evaluated by the District Attorney or a judge. The officer also
falsely informed Mathiason that his fingerprints were found at the
scene of the crime. Mathiason then admitted to his participation in
the burglary. The officer advised Mathiason of his
Miranda
rights, and took a taped confession, but released him pending the
District Attorney's decision to bring formal charges. The interview
lasted for 30 minutes.
In summarily reversing the Oregon Supreme Court decision that
Mathiason was in custody for purposes of receiving
Miranda
protection, we stated:
"Such a noncustodial situation is not converted to one in which
Miranda applies simply because a reviewing court concludes
that, even in the absence of any formal arrest or restraint on
freedom of movement, the questioning took place in a 'coercive
environment.'"
429 U.S. at
429 U. S. 495.
The police are required to give
Miranda warnings only
"where there has been such a restriction on a person's freedom as
to render him
in custody.'" 429 U.S. at 429 U. S. 495.
Our holding relied on the very practical recognition that
"[a]ny interview of one suspected of a crime by a police officer
will have coercive aspects to it, simply by virtue of the fact that
the police officer is part of a law enforcement system which may
ultimately cause the suspect to be charged with a crime."
Ibid. [
Footnote
2]
The court below believed incorrectly that
Mathiason
could be distinguished from the present case because Mathiason was
not questioned by police until some 25 days after the burglary. In
the present case, Beheler was interviewed shortly after the crime
was committed, had been drinking earlier in
Page 463 U. S. 1125
the day, and was emotionally distraught.
See App. to
Pet. for Cert. 24-25. In addition, the court observed that the
police had a great deal more information about Beheler before their
interview than did the police in
Mathiason, and that
Mathiason was a parolee who knew that "it was incumbent upon him to
cooperate with police." App. to Pet. for Cert. 25. Finally, the
court noted that our decision in
Mathiason did not
preclude a consideration of the "totality of circumstances" in
determining whether a suspect is "in custody."
Although the circumstances of each case must certainly influence
a determination of whether a suspect is "in custody" for purposes
of receiving
Miranda protection, the ultimate inquiry is
simply whether there is a "formal arrest or restraint on freedom of
movement" of the degree associated with a formal arrest.
Mathiason, supra, at
429 U. S. 495.
In the present case, the "totality of circumstances" on which the
court focused primarily were that the interview took place in a
station house, and that Beheler was a suspect because he had spoken
to police earlier. But we have explicitly recognized that
Miranda warnings are not required "simply because the
questioning takes place in the station house, or because the
questioned person is one whom the police suspect." 429 U.S. at
429 U. S. 495.
That the police knew more about Beheler before his interview than
they did about Mathiason before his is irrelevant,
see
n 2,
supra, especially
because it was Beheler himself who had initiated the earlier
communication with police. Moreover, the length of time that
elapsed between the commission of the crime and the police
interview has no relevance to the inquiry. [
Footnote 3]
Page 463 U. S. 1126
III
Accordingly, the motion of respondent for leave to proceed
in forma pauperis and the petition for writ of certiorari
are granted, the judgment of the California Court of Appeal is
reversed, and the case is remanded for further proceedings not
inconsistent with this opinion.
It is so ordered.
[
Footnote 1]
Beheler suggests that the decision below rested upon adequate
and independent state grounds in that the court applied state "in
custody" standards.
See Brief in Opposition 9, n. 5. It is
clear from the face of the opinion, however, that the opinion below
rested exclusively on the court's "decision on the
Miranda
issue." App. to Pet. for Cert. 37. Although the court relied in
part on
People v. Herdan, 42 Cal.
App. 3d 300, 116 Cal. Rptr. 641 (1974), that decision applies
Miranda.
[
Footnote 2]
Our holding in
Mathiason reflected our earlier decision
in
Beckwith v. United States, 425 U.
S. 341 (1976), in which we rejected the notion that the
"in custody" requirement was satisfied merely because the police
interviewed a person who was the "focus" of a criminal
investigation. We made clear that
"
Miranda implicitly defined 'focus' . . . as
'questioning initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived of his freedom of
action in any significant way.'"
Id. at
425 U. S. 347
(quoting
Miranda, 384 U.S. at
384 U. S.
444).
[
Footnote 3]
Beheler offers a number of arguments in opposition to the
State's petition for certiorari. The thrust of these arguments is
that, even though he voluntarily engaged in the interview with
police, his participation was "coerced" because he was unaware of
the consequences of his participation. Beheler cites no authority
to support his contention that his lack of awareness transformed
the situation into a custodial one. In addition, Beheler argues
that it would be unjust to uphold his conviction, because the
triggerman was convicted only of voluntary manslaughter. We do not
find Beheler's argument to be persuasive.
See Standefer v.
United States, 447 U. S. 10
(1980).
JUSTICE STEVENS, with whom JUSTICE BRENNAN and JUSTICE MARSHALL
join, dissenting.
This case comes to us from an intermediate appellate court in
California. It is a case that the Supreme Court of California
deemed unworthy of review. It is a case in which the California
Court of Appeal wrote a 38-page opinion, most of which was devoted
to an analysis of the question whether, under all of the relevant
facts, the respondent was "in custody" under the test set forth in
People v. Blouin, 80 Cal. App. 3d
269, 283,
145 Cal. Rptr.
701, 707-708 (1978).
In reviewing that question, the California court analyzed the
facts of the case in light of the decisions in
People v.
Herdan, 42 Cal. App. 3d
300, 116 Cal. Rptr. 641 (1974);
People v.
Hill, 70 Cal. 2d
678, 452 P.2d 329 (1969);
People v.
Arnold, 66 Cal. 2d
438, 426 P.2d 515 (1967);
People v.
White, 69 Cal. 2d
751, 446 P.2d 993 (1968);
People v.
Sam, 71 Cal. 2d
194, 454 P.2d 700 (1969);
In re James
M., 72 Cal. App. 3d
133, 139 Cal Rptr. 902 (1977);
People v.
McClary, 20 Cal. 3d
218, 571 P.2d 620 (1977);
People v.
Randall, 1 Cal. 3d 948,
464 P.2d 114 (1970); and
People v. Howard, 5 Crim. No.
5181 (Cal.App. July 16, 1982). The court also considered and
distinguished our opinions in
Rhode Island v. Innis,
446 U. S. 291
(1980), and
Oregon v. Mathiason, 429 U.
S. 492 (1977). The court summarized its analysis in the
following manner:
Page 463 U. S. 1127
"As we have previously stated, the prosecution has the burden of
establishing a [sic] voluntariness of the defendant's statement
beyond a reasonable doubt. (
People v. Jimenez, [
21 Cal. 3d
595, 580 P.2d 672 (1978)].) In the instant case, there appears
to be no conflicting testimony on the
Miranda issue. Where
the facts are uncontradicted, the appellate court must
independently determine beyond a reasonable doubt that the
incriminating statement was properly admitted. (
People v.
Murtishaw, [
29 Cal. 3d
733, 753, 631 P.2d 446, 457 (1981)].)"
"We conclude that respondent has not met its burden of
establishing that appellant was not in custody during the February
21 interview. Furthermore, the incriminating statements from the
February 21 interview should have been suppressed by the trial
court. On the record before us, appellant essentially confessed to
felony murder during the February 21 interrogation. A confession
has been defined as 'amounting to a declaration of defendant's
intentional participation in a criminal act.' (
People v.
McClary, [
20 Cal. 3d
218, 230, 571 P.2d 620, 627 (1977)].) The improper introduction
of a confession is reversible error
per se. (
People v.
Randall, [
1 Cal. 3d 948,
958, 464 P.2d 114, 120-121 (1970)].)"
App. to Pet. for Cert. 36-37.
Today, without receiving briefs or arguments on the merits, this
Court summarily reverses the decision of the intermediate appellate
court of California. In doing so, the Court notes that "the
circumstances of each case must certainly influence a determination
of whether a suspect is
in custody,'" and that the ultimate
inquiry is whether the restraint on freedom of movement is "of the
degree associated with a formal arrest." Ante at
463 U. S.
1125. I believe that other courts are far better
equipped than this Court to make the kind of factual study that
must precede such a determination. We are far too busy to review
every claim of error by a prosecutor who
Page 463 U. S. 1128
has been unsuccessful in presenting his case to a state
appellate court. Moreover, those courts are far better equipped
than we are to assess the police practices that are highly relevant
to the determination whether particular circumstances amount to
custodial interrogation. I therefore respectfully dissent from the
Court's summary decision of the merits of this case.