Even a barricaded suspect has the right to remain silent during a standoff, but police have no obligation to tell him that while trying to coax him out, an appeals court ruled this week.
The decision from the 4th District Court of Appeal springs from a 2007 Broward case involving Erin Atac, who was holed up in his Lighthouse Point apartment as Broward Sheriff's deputies were about to arrest him in connection with the slaying of his father, Ustun Atac.
The suspect, 27 at the time, threatened to kill himself if deputies tried to enter his apartment. The lead detective on the case spoke to Atac on the phone for two-and-a-half hours, recording parts of the conversation.
During Atac's subsequent murder trial, defense lawyer David Bogenschutz attempted to keep those recordings away from the jury, arguing that Atac should have been informed of his right to remain silent and his right to have an attorney present during questioning.
Broward Circuit Judge Michael Gates did not agree, ruling that a Miranda warning is required only when the suspect is being interrogated while in custody. Jurors heard the recording, on which Atac can be heard saying that he made his father cry and beg for his life before slashing his throat. Arguing self-defense, Atac was convicted of manslaughter and sentenced to 18-and-a-half years in prison.
The appeals court was asked to decide whether a suspect who is barricaded and surrounded by police is effectively in custody and entitled to a Miranda warning.
In a written opinion, Judge Cory Ciklin determined that Atac was not in custody during the standoff and was able to hang up on the detective at any time. During the standoff, it was Atac who called the detective, twice.
Ciklin cited rulings from three other states deciding similar cases, including one from the New Mexico Supreme Court.
"In a supercharged setting like an armed standoff between a criminal suspect and police, such a requirement could have devastating consequences," the New Mexico court ruled. "[Reading a Miranda warning in such cases] could escalate the dangers of a situation that might otherwise be resolved peacefully."
Other states' ruling cited in the decision were Pennsylvania and Washington.
"We are disappointed with the ruling," Bogenschutz said. "Clearly, the appeals court spent a lot of time on it and considered it carefully. Ultimately, we don't believe they made the right decision here."
He said he will talk to his client to decide whether to appeal to the Florida Supreme Court.
Copyright 2013 - Sun Sentinel
McClatchy-Tribune News Service
