Garaas v. D. S.

263 N.W.2d 114, 1978 N.D. LEXIS 214
CourtNorth Dakota Supreme Court
DecidedFebruary 16, 1978
DocketCiv. No. 9383
StatusPublished
Cited by6 cases

This text of 263 N.W.2d 114 (Garaas v. D. S.) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garaas v. D. S., 263 N.W.2d 114, 1978 N.D. LEXIS 214 (N.D. 1978).

Opinions

PAULSON, Judge.

This is an appeal by a juvenile [hereinafter D.S.] from the order of adjudication [116]*116entered on June 3,1977, by the Cass County Juvenile Court, finding D.S. guilty of the delinquent act of murder.1 The juvenile court committed D.S. to the State Industrial School for a period of two years. Prior to the hearing on the delinquency charge, D.S. filed a motion to suppress the use of his confession, and the fruits obtained thereby, as evidence at the delinquency hearing. The motion to suppress was denied. D.S. asserts, on this appeal, that the juvenile court committed error when it denied the motion to suppress this evidence which resulted in prejudice to D.S. upon its admission at the delinquency hearing.

This Court’s scope of review under the Uniform Juvenile Court Act, pursuant to § 27-20-56 of the North Dakota Century Code, is equivalent to the former procedure of trial de novo. McGurren v. S. T., 241 N.W.2d 690 (N.D.1976). This Court will independently review the evidence presented to the juvenile court at the hearing on the motion to suppress. In re K. B., 244 N.W.2d 297 (N.D.1976). Although the juvenile court’s findings of fact are entitled to appreciable weight, this Court is not bound by those findings. In re R. W. B., 241 N.W.2d 546 (N.D.1976).

On May 4, 1977, D.S. was taken into custody by the Fargo police, at the request of his parents, and placed in the Cass County Juvenile Detention Center. A petition was filed charging D.S. with the delinquent act of criminal mischief for causing damage to the walls of his home. An informal detention hearing was held on May 5, 1977, and the hearing referee, Arthur H. Lieb, for the Cass County Juvenile Court, ordered that D.S. continue to be detained at the Juvenile Detention Center pending a final determination on the criminal mischief charge. On the morning of May 6, 1977, between 10 a. m. and 11 a. m., Frank A. Boardman, a counselor at the detention center for Cass County, approached D.S. and asked him whether he had an attorney. D.S. responded with a question as to how he could get an attorney. Boardman immediately placed a phone call to Julie Ann Korst, the juvenile court receptionist who is in charge of making arrangements to obtain attorneys for juveniles. Boardman informed Korst that D.S. wanted an attorney, and Korst then explained to Boardman the procedure for obtaining one. Board-man testified as follows:

“Q. Did you then go back and explain all this to [D.S.]?
“A. There wasn’t much to explain since I am not too familiar with the process. I did tell [D.S.] that if his parents are financially well off that the Court would probably not pay for the attorney. His statement was — his statement was something like — see if you can get me a Court appointed attorney. I don’t want my parents to pay for my attorney.
“Q. He did tell you to get an attorney?
“A. A Court appointed attorney.”

At this point it is necessary to digress, in our statement of the facts, to the investigation of the disappearance, on December 10, 1976, of Debra Dahl. During the morning of May 5, 1977, a body was found, floating in a culvert in South Fargo, which was identified later that day as the body of Debra Dahl. On that same date, May 5, Michael Lyman, Cass County Deputy Sheriff, was placed in charge of investigating Debra Dahl’s death and Dale Remus, Special Agent for the North Dakota Bureau of Criminal Investigation, was requested to aid in the investigation. Deputy Lyman testified, in part, as follows:

“Q. Had someone mentioned to you that [D.S.] was a possible suspect that you should talk with?
“A. I had read all the Fargo Police Reports and they were current from the time Debra Dahl disappeared, and those Police reports mentioned [D.S.’s] name several times.
“Q. So, you felt he was a likely suspect?
“A. From reading the reports, he was the number one suspect, yes.”

[117]*117Lyman and Remus decided to interrogate D.S. on May 6, 1977. Prior to speaking with D.S., Lyman and Remus attempted unsuccessfully to contact his parents. At the time of the interrogation, Lyman and Remus were unaware of D.S.’s request to Boardman earlier that morning for an appointed attorney.

At approximately 1:30 p. m., Lyman and Remus took D.S. from his room at the juvenile detention center to a Cass County sheriff’s office conference room located on a lower level in the same building as the juvenile detention center. D.S. was informed by Lyman and Remus that they wanted to talk with him concerning their investigation of Debra Dahl’s death. D.S. was then advised of his Miranda rights and was told that he could have his parents present. Lyman testified:

“A. He was advised of his rights verbally. He signed a waiver of his rights in my presence and that of Special Agent Dale Remus, and he was advised that his parents could be present. I believe I did that. And [D.S.] told us that he didn’t wish to have an attorney at that time. Made no mention of having an attorney and he didn’t wish his parents to be present.”

D.S. confessed, after approximately fifteen or twenty minutes of interrogation, that he had shot and killed Debra Dahl with a .22 caliber rifle. Upon termination of the interrogation, a state’s attorney’s inquiry was immediately held, wherein D.S. again repeated his confession, which was recorded by a court reporter. At the close of the state’s attorney’s inquiry, D.S. offered to go to the home of his parents with Lyman and Remus to get the .22 caliber rifle which had been used in the commission of the crime.

At 4:37 p. m., Lyman and Remus obtained a search warrant to seize a .22 caliber rifle and ammunition from D.S.’s home. With regard to securing this evidence, Lyman testified as follows:

“Q. What were you seeking to get from [D.S.’s parents’] home when you went over there with a search warrant?
“A. The — the Affidavit was made out for, I believe a .22 Browning lever action rifle and .22 ammunition.
“Q. Where did you find out about this rifle and ammunition?
“A. From [D.S.].
“Q. At what time?
“A. During the — during the interview. I could refer to the report. I think " I have it logged pretty close.
“Q. Well, just generally, you found, you didn’t know anything about that gun?
“A. Around 2:00 p. m.
“Q. And prior to that time you didn’t know anything about that gun?
“A. No.
“Q. And you didn’t know anything about the ammunition?
“A. No.
“Q. Your knowledge of where those items were and their possible use in the Debra Dahl death came out of the statement to you, or statements given to you, by [D.S.]?
“A. That’s correct.”

At approximately 6:15 p.

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In re C.S.
874 N.E.2d 1177 (Ohio Supreme Court, 2007)
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748 A.2d 1108 (Supreme Court of New Jersey, 2000)
Besette v. Enderlin School District No. 22
288 N.W.2d 67 (North Dakota Supreme Court, 1980)
In Interest of DS
263 N.W.2d 114 (North Dakota Supreme Court, 1978)

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Bluebook (online)
263 N.W.2d 114, 1978 N.D. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garaas-v-d-s-nd-1978.