Opinion
No. 2016–KK–0621.
05-27-2016
STATE of Louisiana v. Kevin MORGAN.
Opinion
Writ granted. As reiterated in State v. Bernard, 09–1178, p. 5 (La.3/16/10); 31 So.3d 1025, 1029, “Miranda only applies if three conditions are met: (1) the defendant is in ‘custody’ or significantly deprived of freedom, (2) there is an ‘interrogation,’ and (3) the interrogation is conducted by a ‘law enforcement officer’ or someone acting as their agent.” See also United States v. Maddox, 492 F.2d 104, 107 (5th Cir.1974) ( “Defendants' objection is premised on the private investigator's failure to give Miranda warnings to Knowles. Miranda is inapplicable to non-custodial questioning by private citizens.”) (citing Yates v. United States, 384 F.2d 586 (5th Cir.1967) ). In the present case, there is no indication the private investigator was acting as a law enforcement officer or as an agent of law enforcement. Therefore, the district court erred in granting defendant's motion to suppress his inculpatory statement based on the failure of the private investigator to read defendant his Miranda rights prior to questioning him. However, defendant also moved to suppress his statement alleging that it was not freely and voluntarily made, as required by La.R.S. 15:451. The district court has not yet ruled on that question of state law. Therefore, the matter is remanded to the district court for further proceedings consistent with the views expressed here and to address that outstanding issue.
KNOLL, J., dissents and would deny the writ.