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Criminal Law: DWI-Miranda-Custody
Staff Report//September 5, 2019//
Where a defendant challenged his conviction in a DWI case arguing that his incriminating statement was elicited without a Miranda warning, a reasonable person would not believe he was in custody while restrained in a moving ambulance for medical treatment after an auto accident, so the defendant was not in custody for purposes of suppressing his statement responding to routine investigative questions, and the trial court did not err in denying the motion to suppress.
Judgment is affirmed.
State v. Harris (MLW No. 73814/Case No. ED106852 – 8 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, Lincoln County, Beck, J. (Carol D. Jansen for appellant) (Rebecca Richardson for respondent)
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