[Download] "People State New York v. Alfio Ferro" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Alfio Ferro
- Author : Court of Appeals of New York
- Release Date : January 25, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[63 N.Y.2d 316 Page 319] Opinion OF THE COURT What constitutes interrogation of a suspect who, after Miranda warnings, has declined to answer questions is determined not by the subjective intent of the police, but by whether an objective observer with the same knowledge concerning the suspect as the police had would conclude that the remark or conduct of the police was reasonably likely to elicit a response.1 Because applying that test we conclude that the conduct of the police in placing in front of the cell in which defendant was being detained furs stolen from the murder victim's residence constituted interrogation and because no new Miranda warnings were administered to defendant Ferro, his statements made subsequent to viewing the furs should have been suppressed. The order of the Appellate Division should, therefore, be reversed, defendant's motion to suppress those statements granted, and a new trial ordered.