People v. Tayborn, 2016 IL App (3d) 130594 (March). Episode 159 (Duration 4:42)

Trial counsel was ineffective for not challenging defendant's confession given without Miranda warnings.

Facts

After cocaine is found in a car, defendant who was a passenger, is allowed to see the cocaine on the hood of the car.

When the police ask him if he knew about it he tells them yes and that he was taking it to Iowa.

Dugh!

No Miranda was given.

But Was This An Interrogation?

An interrogation is any practice that police should know is reasonably likely to evoke an incriminating response from a suspect.

A custodial interrogation takes place when police initiate questioning of a person who has been taken into custody or deprived of his freedom of movement in any significant way.

Defendant was already handcuffed when this happened.

Although, he may not have been formally arrested at that point because it was the driver who was acting funny and under scrutiny, the safeguards prescribed by Miranda will become applicable during a traffic stop as soon as a suspect's freedom of action is curtailed to the same degree as a formal arrest.

Ineffective Assistance of Counsel

The failure of defendant's trial counsel to file a motion to suppress defendant's statement to police constituted deficient performance that prejudiced the defendant because the motion would have been granted and there is a reasonable probability that outcome of the trial would have been different had defendant's statement been suppressed.

There are also good citations in here on traffic cases that turned into full custodial detentions.