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Summary of Important Utah Criminal Cases

Published during the Vernal Equinox by Rich King.

Police Interrogation

In State v. Doran, 2007 UT App 119 (April 12, 2007), the defendant voluntarily went to a police station and answered police questions about alleged sexual abuse of a child. The defendant was then convicted of aggravated sexual abuse of a child. The defendant appealed, arguing that his “confession” violated the Fifth Amendment. The Utah Court of Appeals affirmed the conviction, holding that the defendant was not in custody when he made statements to the police. The Court held that a person’s Fifth Amendment right to avoid self-incrimination requires police to “give pre-interrogation warnings to persons in custody.” The defendant, however, was not in custody because he voluntarily entered the police station, was interviewed in an unlocked room, the interviewing police officer was unarmed and did not accuse or threaten him, the interview was relatively short and consisted of only a few clarifying questions, and defendant was free to leave.

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