Commonwealth v. Cohen
53 A.3d 882
| Pa. Super. Ct. | 2012Background
- Cohen was suspected of three Lebanon City burglaries in summer 2010.
- Aug. 17, 2010: Cohen interviewed at Lebanon County Prison; Miranda rights read and Cohen silent after being asked to sign form.
- Cohen answered biographical questions and consented to a cell phone search; interview ended when he chose to stop.
- Police later learned Cohen made prison calls to Samantha Montgomery; officers recovered stolen items from her apartment.
- Sept. 16, 2010: second interview conducted without Miranda warnings; Cohen declined to speak and insulted warrant, ending the interview.
- Court suppressed the Sept. 16, 2010 statements but allowed the Aug. 17, 2010 statement to stand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Aug. 17 statement was validly waived | Cohen implicitly waived rights by talking after warning. | Waiver required explicit understanding or signing; unsigned form shows no valid waiver. | Aug. 17 statement vacated? No; court held valid waiver despite no |
| Whether Sept. 16 statement was valid given stale warnings | Prior warnings were still current and could be incorporated; no need to rewarn. | Warnings were stale; required new warnings; no rewarn given. | Sept. 16 statement suppressed. |
Key Cases Cited
- Commonwealth v. Baez, 21 A.3d 1280 (Pa. Super. 2011) (standard for voluntariness and waiver of Miranda rights)
- Commonwealth v. Hill, 42 A.3d 1085 (Pa. Super. 2012) (totality-of-the-circumstances test for knowing and voluntary waiver)
- Commonwealth v. Hughes, 536 Pa. 355 (1994) (explicit waiver when rights clearly understood and acted on)
- Commonwealth v. Bomar, 573 Pa. 426 (2003) (manifestation of understanding after rights read supports waiver)
- Commonwealth v. Bennett, 445 Pa. 8 (1971) (Bennett factors for continuity of interrogation and need for rewarning)
- Commonwealth v. Scott, 561 Pa. 617 (2000) (premised on whether warnings remain valid over time and circumstances)
- Commonwealth v. Wideman, 460 Pa. 699 (1975) (warnings stale after long lapse; rewarning needed)
- Commonwealth v. Riggins, 451 Pa. 519 (1973) (rewarning required after lengthy delay and procedural changes)
- Bussey v. Commonwealth, 486 Pa. 221 (1979) (explicit waivers required; implicit waivers limited)