U.S. v. Smith

In prosecution on kidnapping charge arising out of scheme by defendant to fake her pregnancy and kidnap relative’s infant child, Dist. Ct. did not err in denying defendant’s motion to suppression certain inculpatory statements given to police after she had been given Miranda warnings, where defendant alleged that said statements were product of coercive tactics used by police during their interrogation of her. Defendant’s interrogation was videotaped, and defendant failed to identify anything about conditions or interrogation tactics that were coercive in terms of physical abuse, psychological abuse or deceptive tactics. Fact that police made repeated requests for consents and waivers to search defendant’s car/phone or to take polygraph or to resume interrogation on following day did not require different result. Moreover, govt. could properly use for purposes of impeachment two statements that Dist. Ct. had suppressed as part of Miranda violation, but nevertheless found to have been voluntarily given, where said statements refuted defendant’s claims that she was in fact pregnant during relevant time period and that she left infant in front of gas station prior to submitting herself to police questioning. Also, govt.’s evidence regarding defendant’s evasive tactics by leaving baby outside gas station in below-zero temperatures belied her contention that she had permission to take baby.