The ACLU of Michigan applauds the Michigan Supreme Court’s decision that police can’t trick suspects into waiving their Miranda rights, which include the constitutional right to remain silent and the right to a lawyer.
The case, People v. Fenderson, centers on Darren Donnell Fenderson, who was coerced by Detroit police to answer questions without a lawyer following his arrest in 2022. Mr. Fenderson initially began answering questions voluntarily, but partway through the interrogation, he exercised his right to ask for a lawyer. After leaving Mr. Fenderson handcuffed in the room for hours while supposedly seeking a lawyer for him, the interrogating officer eventually came back and said “you don’t get one” when Mr. Fenderson asked where his lawyer was. Under this immense pressure, Mr. Fenderson then signed a form waiving his rights. He then made statements that prosecutors later tried to use against him on the grounds that he supposedly had abandoned his right to remain silent by speaking with the officer again without a lawyer.
The ACLU of Michigan, together with the National ACLU’s State Supreme Court Initiative, filed a friend-of-the-court brief in support of Mr. Fenderson’s constitutional rights, arguing that the police’s coercive interrogation techniques violated his rights both under Miranda and, separately, under the more protective terms of the Michigan Constitution. As a result, the ACLU asserted that Mr. Fenderson’s statements could not be used against him.
The court recognized our arguments in ruling that statements obtained from Mr. Fenderson through deceit and coercion could not be used against him in court because he was legally entitled not to be misled about his right to have a lawyer present during questioning.
Phil Mayor, deputy legal director for the ACLU of Michigan, said this about the court’s decision:
“Protections against self-incrimination and guaranteeing the right to counsel are fundamental to our criminal legal system. They protect against false confessions and police abuses. Complying with these rights requires nothing more than for the government to act in a fair and non-manipulative manner towards the public. It is heartening to see the Michigan Supreme Court recognize the importance of these principles, sending the message to law enforcement agencies throughout the state that they can’t use trickery and coercion to deprive suspects of an attorney when one is requested. This is an important win that helps protect the rights of all Michiganders subjected to police interrogations.”
Terry Ding, Staff Attorney, State Supreme Court Initiative, American Civil Liberties Union, said this about the court’s decision:
“The Michigan Supreme Court did the right thing in ruling that police officers violate not only the U.S. Constitution, but also the Michigan Constitution when they use misleading tactics to pressure people into giving up their rights. As the Court recognized, Michigan has a long history of upholding state law protections for people subjected to police interrogation. Those protections, which exist independently from federal law, are critical for safeguarding all Michiganders from abusive law enforcement practices.”
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