People v. Soto

Illinois Appellate Court
Criminal Court
Miranda Warnings
Citation
Case Number: 
2017 IL App (1st) 140893
Decision Date: 
Tuesday, January 31, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
MASON

Defendant was convicted, after jury trial, of 1st-degree murder for deadly beating of his roommate. After spending 2 nights at police station, where he went voluntarily,  Defendant made 3 incriminating statements confessing to the murder. Defendant's presence at police station became a custodial arrest only after there was probable cause to suspect Defendant murdered victim, after detective's interview with another person. Adequate curative measures were taken between his tainted statements and his 3rd statement, which was taken more than 24 hours later. Law does not require both curative measures and advice to the accused as to admissibility of earlier statements. Court's finding that Defendant's waiver of his Miranda rights was not affected by symptoms of alcohol deprivation is not against manifest weight of evidence. (PIERCE, concurring; HYMAN, concurring in part and dissenting in part.)