State v. Amend
2011 Alas. App. LEXIS 16
Alaska Ct. App.2011Background
- Amend was stopped for shoplifting at a Kenai convenience store; he admitted theft before police secured him with handcuffs.
- Officer Turnage gave and Amend waived Miranda warnings; Amend agreed to speak and allow a pocket search.
- Pockets yielded burritos, cookies, and 17.5 OxyContin tablets; Amend stated he intended to sell the tablets.
- Amend moved to suppress the statements; superior court suppressed the admission about selling the tablets and required a recording/reminder here.
- Appellate court reversed, holding a single Miranda warning sufficed in the field and recording was not required under Stephan limits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Miranda waiver in field interrogation after subject shift | State: one valid waiver covers evolving questioning; no need to warn about every topic. | Amend: waiver may be tainted by shift to drugs without further warnings. | Waiver valid; change in subject matter did not affect voluntariness. |
| Duty to record field interrogations | State: Stephan applies to custodial detentions; field interviews need not be recorded. | Amend: recording is required to preserve due process in all interrogations. | No duty to record; Stephan limits recording to places of detention. |
Key Cases Cited
- Colorado v. Spring, 479 U.S. 564 (U.S. 1987) (waiver valid without knowing all possible questions)
- Forster v. State, 236 P.3d 1157 (Alaska App. 2010) (Alaska adopts federal rationale for Miranda waivers)
- Moran v. Burbine, 475 U.S. 412 (U.S. 1986) (waiver validity not dependent on foreknowledge of consequences)
- Stephan v. State, 711 P.2d 1156 (Alaska 1985) (Stephan limits recording duty to custodial/detention settings)
- Resecker v. State, 721 P.2d 650 (Alaska App. 1986) (crime-scene interrogations fall outside Stephan rule)
- Shindle v. State, 731 P.2d 582 (Alaska App. 1987) (extends Stephan limits to non-detention interrogations)