State v. Stephens

Citations

• 2017 Ohio 9230
• 102 N.E.3d 623

Syllabus

The trial court did not err when it denied appellant's motion to suppress. Although appellant was in a locked-down treatment facility for sexual offenders, he was not in custody for the purposes of Miranda when he voluntarily made written and verbal admissions regarding previously undisclosed sex offenses against multiple children. Furthermore, the therapists to whom appellant made the admissions were not acting on behalf of law enforcement when appellant disclosed the additional victims. Thus, the therapists were not required to inform him of his Miranda rights. Appellant was on notice prior to beginning his treatment that the therapists had a duty to report any previously undisclosed sex offenses against children to the appropriate state or local authorities. Judgment affirmed. (Tucker, J., concurring.)