State v. FreemanState v. Freeman
- Reporters:
- , ,
- Before:
- Thornton
Defendant was convicted by a jury of unarmed robbery in violation of CBS 163.290. He appeals contending that the lower court erred in admitting into evidence over objection of defense counsel testimony by police of defendаnt’s incriminating statements and acts, because defendant had initially indicated his wish to remain silent.
The escapade began in Lane County on the night of March 9, 1970, аnd involved the taking of an automobile, cash and certain personal items from Kenneth Williams.
The following day at about 11:25 a.m., the same automobile, in which defendant was then riding as a passenger, was stopped for speeding near Red Bluff by a California Highway Patrol officer. A second patrolman arrived а few minutes later. A check with headquarters disclosed that the ear was probably stolen. The second officer gave defendant and his companion complete advice of their constitutional rights, by reading the Miranda rights aloud from аn explanatory card, and sought to question the pair concerning the аlleged auto theft and a weapon found in the car. The defendant declined to answer any questions. Both were then taken to Tehama County Jail. Defеndant was placed in an interview room for questioning. The first patrolman then rеminded defendant of his rights and *374 again sought to interrogate him. The defendant again refused to answer questions concerning the alleged auto theft or the weapon. The officer said it was possible that defendant requested an attоrney. The patrolman then ceased his questioning.
On March 11, 1970, at 11:30 a.m., defendant was arraigned before the local magistrate and again completеly informed of his rights, at which time he waived his rights and signed a waiver of extradition to Oregon. Oregon police, who had by this time arrived to transport defendant to Oregon, were not told of defendant’s prior refusal to answer questions. After the arraignment, Oregon State Police Sergeant Winchester advised defendant of his rights by rеading the same aloud to him from an explanatory card carried by the officer. Defendant signed the card and was placed in a lineup. At 5:07 p.m. defendant was again advised of his rights in the same manner and by the same officer, follоwing which he made incriminating statements. Thereafter, while being transported from Cаlifornia to Oregon he was again orally reminded of his rights but notwithstanding made further incriminating statements and pointed out various locations with reference to the crime.
The trial judge, after an evidentiary hearing out of the presence of the jury, ruled that the defendant’s statements were made voluntarily.
Defendant сontends that because he had indicated to California police his wish nоt to answer questions, his later admissions to Oregon police are inadmissible. Defendant urges that Miranda v. Arizona, 384 US 436, 86 S Ct 1602, 16 L Ed2d 694, 10 ALR3d 974 (1966), is controlling here. He cites several post- *375 Miranda decisions from other states ① in support of his contention that Miranda requires that we must overturn this conviction because testimony concerning defendant’s later statements and acts was admitted into evidence. However, the Oregon Suрreme Court, post- Miranda, in State v. Whitewater, 251 Or 304, 445 P2d 594 (1968), rejected this same contention and held that a defendant who requested counsel when he was first taken before the magistrate сould nevertheless, subsequently, after complete and appropriаte warning, voluntarily waive his right to remain silent and answer questions put to him by policе.
Here, defendant was fully advised of his rights on at least six different occasions by Cаlifornia and Oregon police officers and by the Tehama County magistrate. In addition, he was reminded of these same rights by the police on two further oсcasions. All of these warnings preceded the incriminating statements and acts complained of here.
As our Supreme Court said in Whitewater:
“When a defendant is fully advised of his rights and knows what he is dоing, the responsibility, in the absence of some showing of coercion, rests with him. If he decided to answer questions under these circumstances without first talking to counsel or having counsel present, the evidence of his statements is admissible. State v. Rosenberger, 242 Or 376, 409 P2d 684; State v. Atherton, 242 Or 621, 410 P2d 208, cert. to US S Ct denied 384 US 1025.” 251 Or at 308.
Affirmed.
Notes
Petree v. State, 451 SW2d 461 (Ark 1970); Pierce v. State, 451 SW2d 219, 233 (Ark 1970); People v. Randall, 83 Cal Rptr 658, 464 P2d 114 (1970); People v. Fioritto, 68 Cal Rptr 817, 441 P2d 625 (1968); State v. Prosser, 235 So2d 740 (Fla 1970).