People v. Young

558 N.E.2d 1287, 201 Ill. App. 3d 521, 146 Ill. Dec. 953, 1990 Ill. App. LEXIS 1042
CourtAppellate Court of Illinois
DecidedJuly 18, 1990
Docket1-87-3626
StatusPublished
Cited by18 cases

This text of 558 N.E.2d 1287 (People v. Young) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Young, 558 N.E.2d 1287, 201 Ill. App. 3d 521, 146 Ill. Dec. 953, 1990 Ill. App. LEXIS 1042 (Ill. Ct. App. 1990).

Opinion

JUSTICE FREEMAN

delivered the opinion of the court:

The State seeks reversal of an order of the trial court suppressing defendant’s post-arrest statements. Pursuant to Supreme Court Rule 604(a)(1) (107 Ill. 2d R. 604(a)(1)), the State has filed a certificate of impairment.

The facts in this case are not disputed. On March 12, 1987, a fugitive warrant was issued in Illinois for defendant’s arrest for the murder of Yankal Rudminsky. Pursuant to the warrant, defendant was arrested by law enforcement authorities on March 16 in Oneida, Wisconsin.

On March 17, a hearing was held in the circuit court of Outagamie County, Wisconsin, on a petition seeking temporary physical custody of defendant on the grounds that he was a fugitive from Illinois. Defendant was represented by counsel at the hearing.

In support of the petition, the assistant District Attorney presented the testimony of Lieutenant Robert Nelson of the Outagamie County sheriff’s department. Nelson testified that on March 15, 1987, he received a telephone call from Detective Larry Thezan of the Chicago police department. According to Nelson, Thezan informed him of the arrest warrant for defendant and stated that he believed that defendant was living with his aunt in Oneida, Wisconsin. Subsequently, Nelson and another officer arrested defendant at the address given to them by Thezan. Based on the testimony, the court granted the District Attorney’s petition.

On June 9, 1987, defendant’s attorney informed the court that defendant would waive extradition to Illinois. The court directed the sheriff of Outagamie County to comply with the terms of the fugitive warrant and surrender defendant to the Illinois authorities.

At the close of the hearing, defendant’s attorney advised the court that defendant, pursuant to the fifth and sixth amendments, was asserting, for the present and future, his right to remain silent and to have the assistance of counsel prior to any interrogation. Counsel stated that he was concerned that defendant might be subjected to coercion, duress, and possible violence by the Illinois authorities on the return trip to Illinois in order to compel defendant to confess or make a self-incriminating statement. Defendant, when asked by counsel whether he wished to assert these rights, responded, “Right.” Defense counsel then requested that the Illinois officers transporting defendant be told of the assertion of his rights, and further, that the court order that the Illinois authorities not attempt to interrogate defendant outside of the presence of defendant’s attorney.

The trial court agreed to enter such an order for defendant to take with him. The court noted, however, that it did not know whether such an order would be valid. There is no evidence in the record to indicate that such an order was ever entered.

Defendant made statements to Thezan on the return trip to Illinois. Defendant motioned to suppress those statements. On September 22, 1987, at the hearing on defendant’s motion, Thezan testified that on June 12, he and Detective Ronald Yawger drove to Outagamie County jail to transport defendant back to Illinois. According to Thezan, defendant was turned over to him and the other detective by the Outagamie sheriffs. Thezan was not informed that defendant had indicated that he wished to exercise his right to remain silent or that he had either requested or retained an attorney.

When en route to Chicago, Thezan asked defendant whether he knew what “this was about,” and defendant responded that he did. In response to Thezan’s question whether he wanted to talk about it, defendant responded that he did. Thezan then read defendant his Miranda warnings, defendant acknowledged that he understood them, and gave Thezan a statement concerning the murder.

Upon arriving in Chicago, defendant was taken to Area 6 Violent Crimes and placed in an interview room. Defendant was again read his Miranda warnings, he acknowledged that he understood them, and again made statements concerning the murder. Defendant subsequently made a third statement to Assistant State’s Attorney Trutenko after again being given Miranda warnings. According to Thezan, at no time did defendant indicate that he wanted an attorney present or that he had been represented by an attorney in Wisconsin or in Illinois.

Defendant premised his motion to suppress on the grounds that the Illinois authorities had violated his fifth and sixth amendment rights to remain silent and to have the assistance of counsel. He argued that the assertion of those rights in Wisconsin should be imputed to the Illinois authorities. The State argued that knowledge should not be imputed, and that the statements should not be suppressed because the Illinois law enforcement authorities did not know, nor could they reasonably have known, that defendant had indicated that he wished to remain silent and not be questioned outside of the presence of counsel. The court granted defendant’s motion. We reverse.

The State contends that the trial court erred in suppressing defendant’s statement. It urges three arguments in support of its position. Defendant, naturally, argues to the contrary. Since the fifth and sixth amendment rights exist independently of each other, we will address each separately.

The fifth amendment of the United States Constitution provides, in pertinent part, that “[n]o person *** shall be compelled in any criminal case to be a -witness against himself.” (U.S. Const., amend. V.) An accused, subjected to custodial interrogation, is entitled to admonition of his fifth amendment rights prior to the commencement of any questioning. (Miranda v. Arizona (1966), 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602.) Once a suspect has asserted his right to remain silent, his subsequent waiver of that right, when police again initiate interrogation, will be deemed legally valid if the waiver is knowing, intelligent, and voluntary. (Michigan v. Mosley (1975), 423 U.S. 96, 46 L. Ed. 2d 313, 96 S. Ct. 321.) Contrarily, where the accused has asserted his right to an attorney during the interrogation, rather than merely his right to remain silent, his subsequent waiver of the right to counsel will be deemed involuntary, as a matter of law. Edward v. Arizona (1981), 451 U.S. 477, 68 L. Ed. 2d 378,101 S. Ct. 1880.

The State first argues that there was no violation of defendant’s fifth amendment rights because those rights did not attach until defendant was subject to custodial interrogation. It argues, since defendant was not subjected to interrogation while he was in custody in Wisconsin, he was not “entitled to invoke the protection afforded by Miranda.” The State, quoting Rhode Island v. Innis (1980), 446 U.S. 291, 300, 64 L. Ed. 2d 297, 307, 100 S. Ct. 1682, 1689, argues that Miranda protections “are required not where a suspect is simply taken into custody, but rather where a suspect in custody is subjected to interrogation.”

We take no exception to the State’s interpretation of the application of Miranda.

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Cite This Page — Counsel Stack

Bluebook (online)
558 N.E.2d 1287, 201 Ill. App. 3d 521, 146 Ill. Dec. 953, 1990 Ill. App. LEXIS 1042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-young-illappct-1990.