Lewis v. Florida, (1988) 486 U.S. 1036 Cer’t Denied White (D)

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Case Name: Lewis v. Florida
Date: 1988
Jurisdiction: Supreme Court of the United States
Rule: Interrogation” under Miranda does include conditions that are its “functional equivalent,” that is, “any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect. The latter portion of this definition focuses primarily upon the perceptions of the suspect, rather than the intent of the police. We also have observed that a “psychological ploy” of any significance would also be treated as the “functional equivalent” of interrogation.
Brief Analysis: Showing Defendant videos of him committing the crime after he invoked his right to remain silent is a psychological ploy, and is the functional equivalent of interrogation.
Topic Area: 5th Amendment

 

Facts: Defendant was arrested, Mirandized, and invoked his right to remain silent. While in custody, the police showed him videotapes of him committing the crime. During the viewing Defendant made several incriminating statements, which were introduced at trial.
Court(s) Below:
D Argument:
Rule: SCOTUS DID NOT HEAR THIS CASE, THEY DENIED CERT – THIS IS JUST WHITE’S DISSENT FROM THE DENIAL
Analysis:
Concurrence:
Dissent:
Cases Cited:

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