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Crawford v. State10/22/2004
Seibert plurality and the Seibert dissenters expressly re-affirm and adhere to the doctrine that Miranda rulings hinge on an objective view of the facts of the interrogation, not on an inquiry into the subjective motives of either the police interrogator or the suspect.
(Alaska law is the same. See State v. Smith, 38 P.3d 1149, 1158 (Alaska 2002), in which the supreme court stated that a person's subjective belief as to whether they are in custody is not controlling. And see Aningayou v. State, 949 P.2d 963, 968 (Alaska App. 1997), in which this Court held that the assessment of whether a person is in custody for Miranda purposes must be made "irrespective of [the officer's] subjective belief that [the person is] not a suspect" in the crime being investigated.)
Conclusion
For the reasons explained here, we conclude that Crawford's post-Miranda statements must be suppressed under federal law. We therefore need not decide whether, as a matter of state constitutional law, we should adhere to Brown's "dissipation of taint" analysis or instead adopt the newer analyses embodied in either Elstad or Seibert.
The judgment of the superior court is REVERSED. Crawford is entitled to a new trial.
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