holding that the evidence gathered by a CPS worker was instrumental to the defendant’s arrest for child abuse
How later courts described this case
- holding that the evidence gathered by a CPS worker was instrumental to the defendant’s arrest for child abuse
- Miranda applicable to questioning of defendant in jail by investigator for Dep't of Human Resources for although "she did not have the power to arrest, she was acting as an agent of law enforcement," due to her "responsibility to discover child abuse and report it"
- incarcerated defendant’s unwarned child abuse confession made to social services worker inadmissible in light of court’s determination that social worker was acting as agent of law enforcement
- CPS worker will be categorized as an agent of law enforcement if the record establishes "that when the [defendant] made the admissions, the DHR employee was utilizing her capacity so as to accomplish what the police could not have lawfully accomplished themselves"
Written by the judges who cited it.
The opinion
*181 McCORMICK, Presiding Judge,
dissenting.
Believing that the Court of Appeals was completely correct, I would vote that the petition in this cause was improvidently granted.
I must, therefore, dissent to the judgment of this Court.
DAVIS and WHITE, JJ., join this dissent.