Selig v. State
2012 Alas. App. LEXIS 138
Alaska Ct. App.2012Background
- Selig was arrested for DUI after causing a four-vehicle collision.
- Breath test at the trooper station showed a blood alcohol level of .181%.
- Independent blood test yielded .182%, essentially the same result.
- Selig moved to suppress breath and blood test results and other processing evidence due to lack of audio recording of DUI processing.
- Stephan v. State required audio recordings of custodial interrogations when feasible; Selig urged extension to all DUI processing.
- Judge Kauvar held recording not required for non-interrogative DUI processing and that lack of recording did not prejudice Selig; trial court denied suppression; no affirmative request to consult counsel before breath test was shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stephan applies to non-interrogative DUI processing | Selig argues Stephan should extend to all DUI processing | Selig contends no extension; non-interrogative parts still recorded | No expansion; Stephan not extended to non-interrogative processing |
| Remedy for non-recording of DUI processing | Remedy similar to Thorne: presume favorable outcome | Recording absence is not destruction of evidence; no remedy required | Remand for presumption not applicable; no suppression remedy under current rule |
| Effect of non-recording on suppression and jury instruction | Unrecorded processing could affect admissibility or require instruction | Evidence reliability unaffected; no instruction warranted | Evidence not suppressed; no required jury instruction; ruling affirmed |
Key Cases Cited
- Stephan v. State, 711 P.2d 1156 (Alaska 1985) (due process requires recording custodial interrogations when feasible)
- Shindle v. State, 731 P.2d 582 (Alaska App. 1987) (recording rule tied to voluntariness and Fifth/Sixth Amendment concerns)
- Amend v. State, 250 P.3d 541 (Alaska App. 2011) (declined to extend Stephan to certain other situations; cautious expansion)
- Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989) (remedy for destruction of evidence; presumption analysis for favorable evidence)
- Resecker v. State, 721 P.2d 650 (Alaska App. 1986) (declined to extend Stephan to crime scene interrogations)
- Swanson v. Juneau, 784 P.2d 678 (Alaska App. 1989) (declined to require videotaping field sobriety tests)