State v. Jackson
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A social worker’s statutory duty to cooperate and share information with law enforcement regarding a child abuse investigation does not render the social worker an agent of law enforcement for purposes of the Fifth and Sixth Amendments to the United States Constitution if the social worker interviews an alleged perpetrator unless the evidence demonstrates that the social worker acted at the direction or under the control of law enforcement.
Defendant was convicted of kidnapping, gross sexual imposition, and two counts of rape. Social worker and child advocate Holly Mack interviewed Defendant after he was arrested. During trial, defense counsel objected to Mack’s testimony about the statements Jackson had made to her because she questioned him “as an agent of the State and law enforcement” and failed to notify Defendant of his Miranda rights. The trial court allowed Mack to testify. The appellate court reversed the convictions, holding that Mack acted as an agent of law enforcement when she interrogated Defendant. The Supreme Court reversed, holding that no evidence indicated that Mack acted at the direction or under the control of law enforcement when she interviewed Jackson.
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