Miranda warning in Wisconsin

2026Id. at 444-45 . ¶14 The reason that the Miranda warnings must be given when a suspect is in custody and subject to interrogation is because the warnings are “aimed at dispelling the compulsion inherent in custodial surroundings.” State v. Pheil, 152 6 No. 2024AP2518-CR Wis. 2d 523, 530-31, 449 N.W.2d 858 (1989).

2026“A defendant’s due process rights are 5 See Miranda v. Arizona, 384 U.S. 436 (1966). 6 The blood draw, taken approximately two hours after the accident, contained a blood- ethanol concentration of .265 g/100mL. 7 As the State observes, Ruohonen does not explain when the Miranda waiver occurred. 7 No. 2023AP1486 violated if the police: (1) failed to preserve the evidence that is apparently exculpatory; or (2) acted in bad faith by failing to preserve evidence which is potentially exculpatory.” State v. Greenwold, 189 Wis. 2d 59, 67 , 525 N.W.2d 294 (Ct. App. 1994). ¶17 We agree with the State t

2025Id., ¶¶28-29. ¶23 Holmes’ Miranda argument consists of a conclusory statement that the circuit court erred, a recitation of the law governing Miranda warnings generally, and a two-sentence summary of facts which support that Holmes was in custody after he was arrested and that he was not administered Miranda warnings.7 However, Holmes’ statements at the scene occurred prior to his arrest and Holmes does not put forth an argument that he was subject to a custodial interrogation when he made those statements. 6 Miranda warnings are “namely, that the defendant be informed ‘that he [or she] has th

2025The circuit court did not err by finding the initial portions of the 911 calls admissible as present sense impressions. ¶21 Finally we address Holmes’ contention that the circuit court erred by admitting the statements he made at the scene of the accident, in the squad car, and at the hospital because he was not given Miranda warnings. 9 No. 2024AP1121-CR ¶22 Miranda warnings6 are necessary to protect a person’s Fifth and Fourteenth Amendment privilege against compulsory self-incrimination when he or she is subject to a “custodial interrogation.” Rhode Island v. Innis, 446 U.S. 291, 297 (1980)

2021Id. at 306 n.1 ("A Miranda violation does not constitute coercion but rather affords a bright-line, legal presumption of coercion, requiring suppression of all unwarned statements."). ¶15 This anti-coercion objective is central to understanding the reach and limits of the Miranda requirements. 7 No. 2018AP858-CR This goal explains why the Court established what it called "custodial interrogation" as the trigger for administration of these warnings.

2021Id. at 306 n.1 ("A Miranda violation does not constitute coercion but rather affords a bright-line, legal presumption of coercion, requiring suppression of all unwarned statements."). ¶15 This anti-coercion objective is central to understanding the reach and limits of the Miranda requirements. 7 No. 2018AP858-CR This goal explains why the Court established what it called "custodial interrogation" as the trigger for administration of these warnings.

2020See Berkemer, 468 U.S. at 437-40 . ¶63 Ultimately, Dobbs was not read the Miranda warnings until almost three hours after he was first handcuffed and put in the backseat of a locked squad car.

2020See Berkemer, 468 U.S. at 437-40 . ¶63 Ultimately, Dobbs was not read the Miranda warnings until almost three hours after he was first handcuffed and put in the backseat of a locked squad car.

2026Although McMahon appeared to concede that he was not in custody at that time, he argued that “formal custody is not always the sine qua non of the Miranda rule” and that there are circumstances in which Miranda warnings must be given “even in the absence of ‘formal custody.’” Relying on our supreme court’s decision in State v. Knapp, 2005 WI 127 , 285 Wis. 2d 86 , 700 N.W.2d 899 , McMahon argued that one of those circumstances is when an officer is subjectively aware that the officer “will ultimately be taking [a suspect] into custody” and delays placing the suspect under arrest in an “effort

2026Although McMahon appeared to concede that he was not in custody at that time, he argued that “formal custody is not always the sine qua non of the Miranda rule” and that there are circumstances in which Miranda warnings must be given “even in the absence of ‘formal custody.’” Relying on our supreme court’s decision in State v. Knapp, 2005 WI 127 , 285 Wis. 2d 86 , 700 N.W.2d 899 , McMahon argued that one of those circumstances is when an officer is subjectively aware that the officer “will ultimately be taking [a suspect] into custody” and delays placing the suspect under arrest in an “effort

2021The privilege is fulfilled only when the accused is guaranteed the right “to remain silent unless he [or she] chooses to speak in the unfettered exercise of his own will.” Id. at 460 (emphasis added) (quoting Malloy v. Hogan, 378 U.S. 1, 8 (1964)). ¶19 For statements made during a custodial interrogation to be admitted, the State has the burden to prove by a preponderance of the evidence that the defendant was adequately informed of his or her Miranda rights and waived them (Miranda challenge) and that the defendant’s statements were voluntary (Goodchild challenge).7 Santiago, 206 Wis. 2d at 1

2021The privilege is fulfilled only when the accused is guaranteed the right “to remain silent unless he [or she] chooses to speak in the unfettered exercise of his own will.” Id. at 460 (emphasis added) (quoting Malloy v. Hogan, 378 U.S. 1, 8 (1964)). ¶19 For statements made during a custodial interrogation to be admitted, the State has the burden to prove by a preponderance of the evidence that the defendant was adequately informed of his or her Miranda rights and waived them (Miranda challenge) and that the defendant’s statements were voluntary (Goodchild challenge).7 Santiago, 206 Wis. 2d at 1

2024See Michigan v. Mosley, 423 U.S. 96, 104 (1975). ¶32 The “critical safeguard” to a person’s right to remain silent is “a person’s ‘right to cut off questioning.’” Id. at 103 (citation omitted). “[T]he admissibility of statements obtained after the person in custody has decided to remain silent depends under Miranda on whether his ‘right to cut off questioning’ was ‘scrupulously honored.’” Id. at 104 (citation omitted). ¶33 In Mosley, the Court found the following four factors significant in determining that the defendant’s right to remain silent was scrupulously honored: (1) The original inter

2024See Michigan v. Mosley, 423 U.S. 96, 104 (1975). ¶32 The “critical safeguard” to a person’s right to remain silent is “a person’s ‘right to cut off questioning.’” Id. at 103 (citation omitted). “[T]he admissibility of statements obtained after the person in custody has decided to remain silent depends under Miranda on whether his ‘right to cut off questioning’ was ‘scrupulously honored.’” Id. at 104 (citation omitted). ¶33 In Mosley, the Court found the following four factors significant in determining that the defendant’s right to remain silent was scrupulously honored: (1) The original inter

2024State v. Lee, 175 Wis. 2d 348, 360-61 , 499 N.W.2d 250 (Ct. App. 1993) (when the State has made a prima facie showing that a defendant’s Miranda waiver was knowing and intelligent, the defendant’s statements should be admitted unless “countervailing evidence” shows that the defendant did not knowingly and intelligently waive their Miranda rights). 11 No. 2023AP84-CR NAJEE HUDSON: I just want -- I want someone to know what’s going on right now.

2024State v. Lee, 175 Wis. 2d 348, 360-61 , 499 N.W.2d 250 (Ct. App. 1993) (when the State has made a prima facie showing that a defendant’s Miranda waiver was knowing and intelligent, the defendant’s statements should be admitted unless “countervailing evidence” shows that the defendant did not knowingly and intelligently waive their Miranda rights). 11 No. 2023AP84-CR NAJEE HUDSON: I just want -- I want someone to know what’s going on right now.

2024See, e.g., Ward, 318 Wis. 2d 301, ¶31 (Ward was given the Miranda warnings, acknowledged that she understood each of those warnings, and recited those warnings back to the officer unprompted); Mitchell, 18 No. 2023AP84-CR 167 Wis. 2d at 679-80, 697 (Mitchell was twice warned of his Miranda rights and he indicated both verbally and in writing that he understood those rights); Schilling v. State, 86 Wis. 2d 69, 77, 87 , 271 N.W.2d 631 (1978) (“[Schilling] was repeatedly advised of his right to counsel, his right to counsel during questioning, his right to remain silent, and that what he said cou

2024See, e.g., Ward, 318 Wis. 2d 301, ¶31 (Ward was given the Miranda warnings, acknowledged that she understood each of those warnings, and recited those warnings back to the officer unprompted); Mitchell, 18 No. 2023AP84-CR 167 Wis. 2d at 679-80, 697 (Mitchell was twice warned of his Miranda rights and he indicated both verbally and in writing that he understood those rights); Schilling v. State, 86 Wis. 2d 69, 77, 87 , 271 N.W.2d 631 (1978) (“[Schilling] was repeatedly advised of his right to counsel, his right to counsel during questioning, his right to remain silent, and that what he said cou

2017Cunningham, 144 Wis. 2d at 278-80 . 16 Miranda, 384 U.S. at 471–72; Dickerson v. United States, 530 U.S. 428, 435 (2000); Oregon v. Elstad, 470 U.S. 298, 309, 310 , (1985) ("Miranda requires that the unwarned admission must be suppressed . . . ." This is true even though "[t]he failure of police to administer Miranda warnings does not mean that the statements received have actually been coerced, but only that courts will presume [that] the privilege against compulsory self-incrimination has not been intelligently exercised."). 17 Confinement might increase a suspect's anxiety and make him more

2017Cunningham, 144 Wis. 2d at 278-80 . 16 Miranda, 384 U.S. at 471–72; Dickerson v. United States, 530 U.S. 428, 435 (2000); Oregon v. Elstad, 470 U.S. 298, 309, 310 , (1985) ("Miranda requires that the unwarned admission must be suppressed . . . ." This is true even though "[t]he failure of police to administer Miranda warnings does not mean that the statements received have actually been coerced, but only that courts will presume [that] the privilege against compulsory self-incrimination has not been intelligently exercised."). 17 Confinement might increase a suspect's anxiety and make him more

2025She identifies several tactics that the detectives employed to pressure her, “including [again] failing to give Miranda warnings; employing accusatory questioning despite Ms. McCandless’[s] 11 In her reply, McCandless faults the State for “fail[ing] to address any of Ms. McCandless’[s] personal characteristics” and challenges “the State’s misguided view that the [circuit court] should not consider her characteristics until it first determines whether the police conduct, in isolation, was coercive.” She argues that “[w]hether tactics are coercive is not a determination that can be made in isola

2025She identifies several tactics that the detectives employed to pressure her, “including [again] failing to give Miranda warnings; employing accusatory questioning despite Ms. McCandless’[s] 11 In her reply, McCandless faults the State for “fail[ing] to address any of Ms. McCandless’[s] personal characteristics” and challenges “the State’s misguided view that the [circuit court] should not consider her characteristics until it first determines whether the police conduct, in isolation, was coercive.” She argues that “[w]hether tactics are coercive is not a determination that can be made in isola

2019"Custodial interrogation" set forth in Miranda , and reaffirmed in Oregon v. Mathiason , 429 U.S. 492 , 494, 97 S.Ct. 711 , 50 L.Ed.2d 714 (1977), is defined as follows: "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." Therefore, if questioning was not "initiated by law enforcement," or the person was not "in custody," Miranda warnings are not required. ¶31 Because of the similarities between grand jury and John Doe proceedings, 15 case law analyzing Miranda 's application to gr

2019"Custodial interrogation" set forth in Miranda , and reaffirmed in Oregon v. Mathiason , 429 U.S. 492 , 494, 97 S.Ct. 711 , 50 L.Ed.2d 714 (1977), is defined as follows: "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." Therefore, if questioning was not "initiated by law enforcement," or the person was not "in custody," Miranda warnings are not required. ¶31 Because of the similarities between grand jury and John Doe proceedings, 15 case law analyzing Miranda 's application to gr

2025“In order to be valid, a Miranda waiver must be knowing, voluntary and intelligent.” State v. Ward, 2009 WI 60, ¶30 , 318 5 Mares argues that under State v. Rejholec, 2021 WI App 45 , ¶17, 398 Wis. 2d 729 , 963 N.W.2d 121 , the standard of review on even the factual issues is de novo, as the custodial interrogation was video recorded.

2024See, e.g., Ward, 318 Wis. 2d 301, ¶31 (Ward was given the Miranda warnings, acknowledged that she understood each of those warnings, and recited those warnings back to the officer unprompted); Mitchell, 18 No. 2023AP84-CR 167 Wis. 2d at 679-80, 697 (Mitchell was twice warned of his Miranda rights and he indicated both verbally and in writing that he understood those rights); Schilling v. State, 86 Wis. 2d 69, 77, 87 , 271 N.W.2d 631 (1978) (“[Schilling] was repeatedly advised of his right to counsel, his right to counsel during questioning, his right to remain silent, and that what he said cou

2021By phrasing his statements in this way, Edson was suggesting that Rejholec would suffer adverse legal consequences for invoking his rights,13 see Doyle v. Ohio, 426 U.S. 610, 618 (1976) (“[W]hile it is true that the Miranda warnings contain no express assurance that silence will carry no penalty, such assurance is implicit to any person who receives the warnings.”), or, more accurately, Edson lied about what those adverse legal consequences would be.

2021By phrasing his statements in this way, Edson was suggesting that Rejholec would suffer adverse legal consequences for invoking his rights,13 see Doyle v. Ohio, 426 U.S. 610, 618 (1976) (“[W]hile it is true that the Miranda warnings contain no express assurance that silence will carry no penalty, such assurance is implicit to any person who receives the warnings.”), or, more accurately, Edson lied about what those adverse legal consequences would be.

2024The parties dispute whether Hauschultz was in custody during each of the interviews, such that Miranda warnings were necessary for the statements to be admissible. ¶37 A custodial interrogation is one that occurs where “there is a formal arrest or restraint on freedom of movement of a degree associated with a formal arrest.” Id. (quoting State v. Lonkoski, 2013 WI 30, ¶6 , 346 Wis. 2d 523 , 828 N.W.2d 552 ).

2024The parties dispute whether Hauschultz was in custody during each of the interviews, such that Miranda warnings were necessary for the statements to be admissible. ¶37 A custodial interrogation is one that occurs where “there is a formal arrest or restraint on freedom of movement of a degree associated with a formal arrest.” Id. (quoting State v. Lonkoski, 2013 WI 30, ¶6 , 346 Wis. 2d 523 , 828 N.W.2d 552 ).

2017The lead DEA agent approached Mr. Wallace and asked: "[W]ould you mind stepping out to talk about this?" Id. 14 See, e.g., Oregon v. Elstad, 470 U.S. 298, 309 (1985) ("Though Miranda requires that the unwarned admission must be suppressed, the admissibility of any subsequent statement should turn in these circumstances solely on whether it is knowingly and voluntarily made."); State v. Armstrong, 223 Wis. 2d 331 , 588 N.W.2d 606 (1999) (finding oral statements made before a Miranda warning inadmissible, but written statements made after Miranda warning admissible); Briggs v. State, 76 Wis. 2d

2017The lead DEA agent approached Mr. Wallace and asked: "[W]ould you mind stepping out to talk about this?" Id. 14 See, e.g., Oregon v. Elstad, 470 U.S. 298, 309 (1985) ("Though Miranda requires that the unwarned admission must be suppressed, the admissibility of any subsequent statement should turn in these circumstances solely on whether it is knowingly and voluntarily made."); State v. Armstrong, 223 Wis. 2d 331 , 588 N.W.2d 606 (1999) (finding oral statements made before a Miranda warning inadmissible, but written statements made after Miranda warning admissible); Briggs v. State, 76 Wis. 2d

2025In these hearings, the circuit court examines “(1) whether an accused in custody received Miranda warnings, understood them, and thereafter waived the right to remain silent and the right to the presence of an attorney; and (2) whether the admissions to police were the voluntary product of rational intellect and free, unconstrained will.” State v. Jiles, 2003 WI 66, ¶25 , 262 Wis. 2d 457 , 663 N.W.2d 798 . 3 The Honorable Mark A. Sanders presided over the initial proceedings against Benford, and later presided over Benford’s postconviction motion.

2025In these hearings, the circuit court examines “(1) whether an accused in custody received Miranda warnings, understood them, and thereafter waived the right to remain silent and the right to the presence of an attorney; and (2) whether the admissions to police were the voluntary product of rational intellect and free, unconstrained will.” State v. Jiles, 2003 WI 66, ¶25 , 262 Wis. 2d 457 , 663 N.W.2d 798 . 3 The Honorable Mark A. Sanders presided over the initial proceedings against Benford, and later presided over Benford’s postconviction motion.

2019See id. ¶10 Under Miranda , "statements of the defendant obtained from questions asked while in custody or otherwise deprived of his [or her] freedom of action in any significant way could not be used as evidence against him [or her], unless preceded by the Miranda warnings." State v. Clappes , 117 Wis. 2d 277 , 282, 344 N.W.2d 141 (1984) (emphasis omitted).

2019See id. ¶10 Under Miranda , "statements of the defendant obtained from questions asked while in custody or otherwise deprived of his [or her] freedom of action in any significant way could not be used as evidence against him [or her], unless preceded by the Miranda warnings." State v. Clappes , 117 Wis. 2d 277 , 282, 344 N.W.2d 141 (1984) (emphasis omitted).

2017II ¶77 The second approach is the one the majority opinion takes: Apply the rule of law set forth in State v. Cunningham, 144 Wis. 2d 272 , 423 N.W.2d 862 (1988), to the record to determine whether the communication at issue is, for Fifth Amendment purposes, an express question or the functional equivalent that must be prefaced by Miranda warnings.

2017II ¶77 The second approach is the one the majority opinion takes: Apply the rule of law set forth in State v. Cunningham, 144 Wis. 2d 272 , 423 N.W.2d 862 (1988), to the record to determine whether the communication at issue is, for Fifth Amendment purposes, an express question or the functional equivalent that must be prefaced by Miranda warnings.

2021Instead, the concurrence applied a balancing test much like the one used in the Fourth Amendment context, counterbalancing "the concerns underlying" the Miranda rule against the "other objectives of the criminal justice system." Id. at 644 .

2021In Patane, the Court held that the failure to give Miranda warnings does not "require[] suppression of the physical fruits of the suspect's unwarned but voluntary statements." Patane, 542 U.S. at 633-34 .

2023The parties disagree, however, whether Seehaver was subject to an unlawful interrogation before the investigators provided him Miranda warnings.2 ¶16 Seehaver’s interrogation argument relies almost exclusively on a comparison between his situation and the one discussed in Missouri v. Seibert, 542 U.S. 600 (2004).3 In Seibert, police expressly “questioned” a suspect for “30 2 The State argues that Seehaver conceded the “interrogation” issue by not responding to the State’s argument in the circuit court or on appeal.

2023The Court noted that Miranda warnings, “inserted in the midst of coordinated and continuing interrogation, ... are likely to mislead and ‘depriv[e] a defendant of knowledge essential to his ability to understand the nature of his rights and the consequences of abandoning them.’” Id. at 613-14 (citation omitted; alteration in original).

2020A Miranda waiver is voluntary if it is “‘the product of a free and deliberate choice rather than intimidation, coercion, or deception.’” State v. Hambly, 2008 WI 10, ¶91 , 307 Wis. 2d 98 , 745 N.W.2d 48 (quoted source omitted).

2020A Miranda waiver is voluntary if it is “‘the product of a free and deliberate choice rather than intimidation, coercion, or deception.’” State v. Hambly, 2008 WI 10, ¶91 , 307 Wis. 2d 98 , 745 N.W.2d 48 (quoted source omitted).

1990There are five factors that are to be considered in deciding whether an invocation of the right to silence has been "scrupulously honored." Those factors as adopted from Mosley, 423 U.S. at 104 -05 and as enumerated in State v. Hartwig, 123 Wis. 2d 278, 284 , 366 N.W.2d 866 (1985), are: (1) The original interrogation was promptly terminated. (2) The interrogation was resumed only after the passage of a significant period of time . . .. (3) The suspect was given complete Miranda warnings at the outset of the second interrogation. (4) A different officer resumed the questioning. (5) The second i

1990There are five factors that are to be considered in deciding whether an invocation of the right to silence has been "scrupulously honored." Those factors as adopted from Mosley, 423 U.S. at 104 -05 and as enumerated in State v. Hartwig, 123 Wis. 2d 278, 284 , 366 N.W.2d 866 (1985), are: (1) The original interrogation was promptly terminated. (2) The interrogation was resumed only after the passage of a significant period of time . . .. (3) The suspect was given complete Miranda warnings at the outset of the second interrogation. (4) A different officer resumed the questioning. (5) The second i

2024If that information has no potential to incriminate the suspect, the question requires no Miranda warnings.” Harris, 374 Wis. 2d 271, ¶17 . 10 No. 2023AP1234-CR ¶32 Turning to the functional equivalent of express questioning, this involves a state actor employing “techniques of persuasion that, in a custodial setting, can create the same potential for self-incrimination even in the absence of an express question.” Id., ¶19.

2023Miranda warnings ¶14 Miranda warnings must be provided “whenever the State interrogates a suspect in police custody.” State v. Harris, 2017 WI 31, ¶11 , 374 Wis. 2d 271 , 892 N.W.2d 663 .