The “Jigsaw Puzzle” of Determining Law Enforcement Misconduct: The Kansas Supreme Court finds no misconduct where interrogation utilized both the Reid Technique and deception

State v. Garrett, No. 124,329, 2024 WL 4245190 (Kan., Sept. 20, 2024).

Author: Alec Nee, Staff Editor  

Issue: Are there circumstances in which investigators can use both the Reid Technique and deception during interrogations? 

Answer: Yes.  Investigators can use both the Reid Technique and deception during investigation if the tactics’ cumulative effects and the totality of circumstances surrounding the statement do not violate due process rights.

Facts: Investigators used several tactics to interrogate Phillip Garrett regarding allegations that he illegally touched a minor, including deception to convince Garrett to submit to a computerized voice stress analysis and the Reid Technique, where investigators minimized the allegations against Garrett.  The officers also expressed their hope to tell prosecutors that Garrett cooperated.  Garrett ultimately confessed to some of the allegations, but later moved to suppress his confession, arguing that the coercive tactics caused an involuntary confession.  The District Court granted the motion to suppress because of the officers’ use of deception coupled with the Reid Technique. 

Discussion: Police tactics that cause involuntary confessions violate due process under two broad categories.  This case concerned the second category: when a state actor’s interrogation techniques are coercive because of the suspect’s unique circumstances.  Under this category, courts consider the totality of the circumstances relevant to law enforcement and the accused to determine whether the tactics used constitute “overreaching misconduct.”  In light of this inquiry, the Kansas Court of Appeals reversed the district court’s decision to suppress Garrett’s confessions, holding that the district court failed to analyze the tactics’ cumulative effects and the totality of the circumstances surrounding the statements. The Kansas Supreme Court affirmed the decision.

In reaching its decision, the Kansas Supreme Court explained that it had previously held that two interrogation tactics—the Reid Technique and deception—are not prohibited when standing alone.  Investigators used both tactics when they interrogated Garrett.  The Court held that the tactics used, coupled with the relevant factors law enforcement knew about Garrett—under a totality of the circumstances—did not constitute a violation of Garrett’s due process rights. Thus, Garrett’s resulting confession was admissible despite police having used both tactics.  

Key Authorities: State v. Johnson, 286 Kan. 824, 836 (2008); State v. Stone, 291 Kan. 13, 25 (2010).