Mathis v. United States
Opinion of the Court
delivered the opinion of the Court.
Petitioner was convicted by a jury in a United States District Court on two counts charging that he knowingly filed false claims against the Government in violation of 18 U. S. C. § 287
There can be no doubt that the documents and oral statements given by petitioner to the government agent and used against him were strongly incriminating.
It is true that a “routine tax investigation” may be initiated for the purpose of a civil action rather than criminal prosecution. To this extent tax investigations differ from investigations of murder, robbery, and other crimes. But tax investigations frequently lead to criminal prosecutions, just as the one here did. In fact, the last visit of the revenue agent to the jail to question petitioner took place only eight days before the full-fledged criminal investigation concededly began. And, as the investigating revenue agent was compelled to admit, there was always the possibility during his investigation that his work would end up in a criminal prosecution. We reject the contention that tax investigations are immune from the Miranda requirements for warnings to be given a person in custody.
The Government also seeks to narrow the scope of the Miranda holding by making it applicable only to questioning one who is “in custody” in connection with the very case under investigation. There is no substance to such a distinction, and in effect it goes against the whole purpose of the Miranda decision which was designed to give meaningful protection to Fifth Amendment rights. We find nothing in the Miranda opinion which calls for a curtailment of the warnings to be given persons
“To summarize, we hold that when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized.” 384 U. S., at 478.
And the opinion goes on to say that the person so held must be given the warnings about his right to be silent and his right to have a lawyer.
Thus, the courts below were wrong in permitting the introduction of petitioner’s self-incriminating evidence given without warning of his right to be silent and right to counsel. The cause is reversed and remanded for further proceedings consistent with this opinion.
It is so ordered.
18 U. S. C. § 287 provides: “Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be fined not more than $10,000 or imprisoned not more than five years, or both.”
Internal Revenue Agent Lawless testified that on October 30, 1964, he interviewed petitioner in the Florida State Penitentiary to determine if the 1960 return had been prepared by petitioner and to obtain petitioner’s consent in writing to extend the statute of limitations on the 1960 return. At this interview petitioner identified the 1960 tax return and the signature thereon as his; he also signed the extension form. Again on March 2, 1965, Agent Lawless interviewed petitioner at the penitentiary, and this time petitioner identified the 1961 tax return and signature thereon as his and signed an extension form for this return.
Dissenting Opinion
dissenting.
I dissented from the Court’s decision in Miranda v. Arizona, 384 U. S. 436 (1966), because I thought that the Court had accepted an interpretation of the Fifth Amendment having “no significant support in the history of the privilege or in the language of the Fifth Amendment,” 384 U. S., at 526, and because I disagreed with the Court’s “assessment of the [new] rule’s consequences measured against community values,” 384 U. S., at 537. I continue to believe that the decision in Miranda was an extravagant and unwise interpretation of the Fifth Amendment, and I would prefer that Miranda be aban
However, even were I to agree that Miranda was correctly decided, I would not join the unexplained extension which the Court gives Miranda in this case. At issue are two questions
The Court is equally cavalier in concluding that petitioner was “in custody” in the sense in which that phrase was used in Miranda. The State of Florida was confining petitioner at the time he answered Agent Lawless’ questions. But Miranda rested not on the mere fact of physical restriction but on a conclusion that coercion— pressure to answer questions — usually flows from a certain type of custody, police station interrogation of someone charged with or suspected of a crime. Although petitioner was confined, he was at the time of interrogation in familiar surroundings. Neither the record nor the Court suggests reasons why petitioner was “coerced” into answering Lawless’ questions any more than is the citizen interviewed at home by a revenue agent or interviewed in a Revenue Service office to which citizens are requested to come for interviews. The
Petitioner was asked whether tax returns received by the Government bearing his name had in fact been prepared by him and whether he would consent to an extension of the statute of limitations for causes of action arising from those returns.
A civil investigator is required, whenever and as soon as he finds “definite indications of fraud or criminal potential,” to refer a case to the Intelligence Division for investigation by a different agent who works regularly on criminal matters. In the case before us, such a reference was made eight days after the second visit to petitioner by Agent Lawless. The criminal agent visited petitioner, gave him the full set of “Miranda warnings,” and was told petitioner did not wish to discuss the case with him. No further questions were asked.
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