Sign up to save your podcasts
Or
Share Did The Police Rush To Judgment And Arrest The Wrong Guy For Murder?
Share to email
Share to Facebook
Share to X
Share to email
Share to Facebook
Share to X
Or
Did The Police Rush To Judgment And Arrest The Wrong Guy For Murder?
People v. Sanchez, 2018 IL App (1st) 143899 (April). Episode 488 (Duration 18:22)
Involuntary confession and improper closing arguments lead to this Illinois wrongful murder conviction.
Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download
APPLE PODCASTS GOOGLE PODCASTS
SPOTIFY ANDROID RSS
DIRECT DOWNLOAD
Gist
In 2013 Maniac Latin Disciples, encountered several members of the Sureños, a rival street gang that operates in Wheeling.
Four gunshots rang out.
One person gets hit in the back and dies.
Holding
The court reversed the conviction due to the insufficiency of the evidence.
We hold that section 103-2.1 required the court to suppress the video recorded statements of Sanchez, made after police initiated unrecorded custodial questioning in a murder investigation, when police had not informed Sanchez of his Miranda rights. Police induced an involuntary, unreliable confession. The trial court erred when it denied the motion to quash the illegal arrest and the motion to suppress statements.
Analysis
Around 9:30 p.m. the police encountered the defendant and a codefendant being chased by Sureños. The Sureños said these two knew something about the shooting.
Defendant is handcuffed and arrested right away. This arrest was illegally and without probable cause.
After the illegal arrest, police questioned Sanchez twice about the murder, without advising Sanchez of his Miranda rights. Police also failed to record the questioning, in violation of section 103-2.1(b) of the Code of Criminal Procedure (Code). 725 ILCS 5/103 2.1(b).
The Code expressly places on the prosecution the burden of showing that an exception excuses them from the rule requiring recording of interrogations.
View all episodes
By Police NuggetsPeople v. Sanchez, 2018 IL App (1st) 143899 (April). Episode 488 (Duration 18:22)
Involuntary confession and improper closing arguments lead to this Illinois wrongful murder conviction.
Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download
APPLE PODCASTS GOOGLE PODCASTS
SPOTIFY ANDROID RSS
DIRECT DOWNLOAD
Gist
In 2013 Maniac Latin Disciples, encountered several members of the Sureños, a rival street gang that operates in Wheeling.
Four gunshots rang out.
One person gets hit in the back and dies.
Holding
The court reversed the conviction due to the insufficiency of the evidence.
We hold that section 103-2.1 required the court to suppress the video recorded statements of Sanchez, made after police initiated unrecorded custodial questioning in a murder investigation, when police had not informed Sanchez of his Miranda rights. Police induced an involuntary, unreliable confession. The trial court erred when it denied the motion to quash the illegal arrest and the motion to suppress statements.
Analysis
Around 9:30 p.m. the police encountered the defendant and a codefendant being chased by Sureños. The Sureños said these two knew something about the shooting.
Defendant is handcuffed and arrested right away. This arrest was illegally and without probable cause.
After the illegal arrest, police questioned Sanchez twice about the murder, without advising Sanchez of his Miranda rights. Police also failed to record the questioning, in violation of section 103-2.1(b) of the Code of Criminal Procedure (Code). 725 ILCS 5/103 2.1(b).
The Code expressly places on the prosecution the burden of showing that an exception excuses them from the rule requiring recording of interrogations.