Functional Equivalent of Interrogation

State v. Richard K. Fischer, 2003 WI App 5, PFR filed 1/15/03

For Fischer: Mark S. Rosen

Issue/Holding: Where “the entire exchange consisted of Fischer asking Vento about the evidence against him, and Vento merely responding to Fischer’s questions, after which Fischer would implicate himself … Vento’s words and conduct in merely responding to Fischer’s questions regarding the evidence against him in the two robberies are not interrogation under the Innis test.” ¶¶33-36. (Nonetheless, Vento did engage in one instance of “express questioning,” Fischer’s answer to which is suppressible, but harmless, ¶¶ 37-40.)

Compare, Caputo v. Nelson, 1st Cir No. 06-1117, 7/26/06 (confronting suspect with evidence against him not functional equivalent of interrogation; collecting cases).