At Perry & Kamish, PC — also known as The Criminal Defense Team by many of our peers and clients — we are hard-hitting, tenacious criminal defense attorneys who go above and beyond for our clients and to ensure honesty within the criminal justice system. Our dedication to the fair application of justice is perhaps best exemplified by our own Attorney Mark Kamish’s victory at the Indiana Supreme Court. Back in February 2019, he argued before the Indiana Supreme Court for a case involving the wrongful interrogation of a criminal suspect and the Court recently gave its opinion, ruling in his favor! This is a monumental win for our law office, but also for the Indiana criminal justice system as a whole.
When is a Person Technically in Custody?
In the Indiana case of State v. Ruiz
, Mr. Ernesto Ruiz was placed into a secluded room of the Seymour Police Department, where two police officers interrogated him about an accused crime. Although Ruiz was never officially placed under arrest, he was also not allowed to leave the interrogation room, nor was he ever read the famous Miranda
warnings. As you probably know, the Miranda
warnings inform a criminal suspect that they can remain silent until they get a chance to speak with an attorney in order to avoid making self-incriminating statements inadvertently.
During his trial, Ruiz moved to suppress the statements he gave during that interrogation as inadmissible evidence on the grounds that he had been interrogated without being given the Miranda
warnings. The trial court actually agreed with Ruiz, but the case was eventually appealed up to the Indiana Supreme Court for further review.
It was before the Indiana Supreme Court that Mark Kamish was able to showcase his talents and truly stand up for Mr. Ruiz. In his argument, he showed that Ruiz had been placed into a police setting and confined by police officers, creating the assumption that he was arrested or detained, just as any reasonable person would conclude. Indeed, Attorney Kamish argued he had been placed under “custodial interrogation,” or a situation in which a criminal suspect’s freedom is restrained without being put under arrest. As such, he was deserving of and absolutely required to hear the Miranda
warning, and, without it, all of his statements were invalid as evidence.
The Indiana Supreme Court agreed with Attorney Kamish, affirming the lower court’s decision to suppress the evidence. Based on all the circumstances leading up to and during Ruiz’s seclusion in the police station, the Supreme Court determined custodial interrogation had in fact occurred.
To view a PDF file of the Indiana Supreme Court’s opinion of State v. Ruiz, you can click here. To view a video of the case as it was brought before the Indiana Supreme Court, including arguments from Attorney Mark Kamish, and an in-depth look in how the Indiana criminal justice system operates on high levels, you can click here. Both files are made available through courts.in.gov.
Rely on a Team of Board Certified Criminal Law Specialists
When the going gets tough, The Criminal Defense Team gets defending. For uncompromising defense that can win high-stakes, complex cases before the Indiana Supreme Court, make us your first and only choice in counsel. Our law firm has five
of the state’s six Board Certified Criminal Law Specialists on staff, marking us as nationally recognized legal experts in all types of criminal defense cases.