The Seibert Two-Step Interrogation Tactic

• Miranda and a Knowing and Intelligent Waiver
• The Two-Step Missouri v. Seibert Interrogation Tactic

The use by law enforcement of a two-step interrogation tactic by obtaining a pre-Miranda-admonishment confession, followed by a Miranda admonishment and waiver and a second confession, violates the rule that a Miranda waiver, to be valid, must be knowingly and intelligently made.

Defendant Byron Silim Sumagang and 20-year-old Carole Sangco were boyfriend-girlfriend despite having a tumultuous relationship.  Their relationship was complicated by the fact that Sangco was severely depressed, had reoccurring thoughts of suicide, and was addicted to methamphetamine.  Their relationship was further complicated by incidents of physical abuse perpetrated by defendant against Sangco, as later testified to by friends of the couple.  Then, on November 30, 2014, police responded to a 911 hang-up call directing them to a remote rural area in Monterey ....