806 N.W.2d 623
S.D.2011Background
- April 25, 2009, Walth suspected of selling drugs at Wiley’s Tavern; security guard Bosch identified him as the dealer.
- Bosch gave a cellophane wrapper to Detective Gries and noted marijuana smell on it.
- Gries identified himself as a police officer and asked Walth to step outside for questioning; Walth accompanied him voluntarily.
- Outside, Gries questioned Walth; Walth admitted selling marijuana and, after a second inquiry, produced ecstasy pills.
- Within about two minutes, Walth was placed under arrest; Miranda warnings were read after arrest and Walth provided incriminating statements about ecstasy.
- Walth was indicted on possession with intent to distribute and simple possession; he moved to suppress pre-arrest statements as Miranda violation, which the trial court denied; the court proceeded to a nonjury trial and convicted Walth.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre-arrest questioning was custodial, triggering Miranda | Walth: custodial interrogation; questioned outside bar, restrained | Walth: not custodial; free to leave | No custodial interrogation; no Miranda violation |
Key Cases Cited
- State v. Bowker, 754 N.W.2d 64 (2008 S.D. 61) (custodial interrogation test applied; factors for custody)
- State v. Johnson, 739 N.W.2d 1 (2007 S.D. 86) (custody determination requires objective, not subjective, analysis)
- State v. Wright, 768 N.W.2d 512 (2009 S.D. 51) (two-part test for custody; circumstances and reasonable person standard)
- State v. Anderson, 608 N.W.2d 644 (2000 S.D. 45) (invitation to accompany to station not custody where no restraints)
- State v. Carothers, 724 N.W.2d 610 (2006 S.D. 100) (interrogation behind closed doors not custodial when no arrest and nonthreatening tone)
- Thompson v. Keohane, 516 U.S. 99 (1995) (Miranda warnings required for custodial interrogation; objective test)