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Court of Appeals weighs whether DCFS interview outside apartment was custodial for Miranda purposes
Summary
In State v. Hansen, defense and prosecution disputed whether an interview conducted by a DCFS worker and two officers on an apartment landing was custodial and therefore required Miranda warnings; the appellate panel heard extended questioning and took the case under advisement.
The Utah Court of Appeals heard argument in State v. Hansen (case no. 20220178) over whether statements the defendant made during an apartment interview were the product of custodial interrogation requiring Miranda warnings. Jennifer Foresta represented Miss Hansen; Christopher Ballard argued for the state.
Foresta told the court the lower court erred in denying a suppression motion and that statements elicited in an unwarned apartment interview should be excluded. Defense counsel urged that the presence of a DCFS worker and two uniformed officers, their control of the doorway and supervision of the defendant’s young child, and repeated statements by one officer that the…
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