Legal Updates

Fellers v. U.S.
United States Supreme Court - March 2004

Fellers was indicted for conspiracy to distribute methamphetamine. That same day two officers went to Feller’s home to arrest him. The officers knocked on the door and Fellers answered. The officers identified themselves and told Fellers they were there to arrest him.

Fellers let the officers inside. The officers advised him of the charges and told him they wanted to talk to him about the charges. Fellers did talk to the officers and made admissions. The officers then arrested him. While transporting Fellers to the jail, they advised him of his Miranda rights.

At the jail, the officers had Fellers sign a Miranda form and them conducted another interview. Fellers confirmed his prior statements and made additional admissions. He was convicted and appealed.

The Supreme Court ruled that the statements made by Fellers are inadmissible. The Court stated the main problem was that Fellers had already been indicted when the officers went to his house. Therefore his Sixth Amendment right to counsel had attached even if he was not under arrest and even if the officer did not interrogate him. Miranda was required at the house before Fellers could be said to have waived his right to counsel. The admissions at the jail were clearly tainted by the admissions at the house and therefore the jail admissions are also not admissible.

COMMENT: Remember…if the suspect has already been charged, his right to counsel has attached. You must advise the suspect of Miranda in order to get a valid waiver of the right to counsel from the suspect prior to questioning.

Source: Chandler PD Legal Unit