Eleventh Circuit Court of Appeals - Published Opinions

Tuesday, April 24, 2012

Cook: No Miranda warnings for confession to father

In Cook v. Warden, No. 10-13334 (April 20, 2012),
the Court affirmed the denial of habeas relief, finding Cook’s claims of ineffective assistance of counsel to be unsupported by the record. The Court also rejected the argument that the petitioner’s confession to his father, an FBI agent, should have been suppressed, because he was not given Miranda warnings. "[N]o Miranda violation occurs when a suspect confesses to a family member who is employed in law enforcement, even when the family member – acting in his private capacity – urges the suspect to speak."