Interrogation Tactics, Attenuation, and the Use of Police Agents

Interrogation Tactics, Attenuation, and the Use of Police Agents

Robert C. Phillips
DDA (Retired)
April, 2018

            Sometimes the police are good.  Sometimes they are just lucky.  A recent California appellate court decision out of division 2 of the Second District Court of Appeal—People v. Orozco[1]—provides us with an excellent example of the latter.

Facts:

            In Orozco, the defendant—one Edward Orozco—was suspected of having beaten his six-month old daughter, Mia, to death; an occurrence he vehemently denied.  But having been left alone with Mia for several hours, after which she was found to be cold to the touch, with 29 bruises, seven rib fractures, bruised lungs with the right lung punctured, and a lacerated liver,[2] there was no other logical explanation than that Orozco had beaten her to death.  Perhaps noting the circumstantial nature of the evidence proving Orozco’s guilt, however, the arresting officers sought to strengthen their case against him with a confession.  They therefore set out to get that confession, one way or another.

            After voluntarily accompanying the police to the police station, Orozco was ....

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