State v. Clappes

401 N.W.2d 759, 136 Wis. 2d 222, 1987 Wisc. LEXIS 562
CourtWisconsin Supreme Court
DecidedMarch 6, 1987
Docket84-2001-CR, 84-2252-CR
StatusPublished
Cited by96 cases

This text of 401 N.W.2d 759 (State v. Clappes) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Clappes, 401 N.W.2d 759, 136 Wis. 2d 222, 1987 Wisc. LEXIS 562 (Wis. 1987).

Opinions

LOUIS J. CECI, J.

This is a review of an unpublished decision filed by the court of appeals on August 15, 1985. In this consolidated appeal brought by the state, the court of appeals affirmed two separate pretrial suppression orders which required that statements made by defendants Douglas H. [225]*225Clappes1 and David K. Osman be suppressed on the grounds of involuntariness. The suppression orders were entered by the circuit court for Waupaca county, Frederic W. Fleishauer and Nathan E. Wiese, circuit judges. We reverse the court of appeals.

The substantive issues raised in this appeal essentially relate to the question of whether the state sustained its burden of proving beyond a reasonable doubt that certain admissions made by the defendants were voluntarily given. We hold that this court’s prior decisions lead us to conclude that the admissions made by the defendants were voluntary since there was no affirmative police misconduct reflecting an attempt to improperly bring physical or psychological pressure to bear in order to compel the defendants to respond to police questioning. We further hold that the decision of the court of appeals has the effect of creating a per se rule prohibiting police questioning of individuals while they are undergoing medical treatment for injuries sustained while engaging in potentially criminal activity and, as such, must be struck down.

The facts in each case are set out separately below:

Defendant Douglas H. Clappes

On May 20, 1980, Waupaca County Sheriffs Department Sergeant Don Morey (Morey) and Waupa-[226]*226ca County Deputy Sheriff Gerald Jorgenson (Jorgen-son) responded to a late evening report made to the county sheriffs department of a one-car accident which occurred on county Highway E in Waupaca county. Upon arriving at the scene of the accident at approximately 11:40 p.m., less than ten minutes after the accident reportedly occurred, Morey and Jorgen-son discovered a badly damaged vehicle which contained Michael A. Treloar, who was later pronounced dead at the scene of the crash by an examining physician. Police also discovered two other individuals strewn across a ditch located near the car: Douglas H. Clappes (Clappes), the owner of the vehicle, and Stacy Schroeder. Ms. Schroeder was also pronounced dead at the accident scene, although an attempt to revive her was made. According to the coroner’s reports, both Treloar and Schroeder died as a result of massive head and chest injuries.

The defendant and the crash victims were transported by ambulance to nearby Riverside Hospital soon after the officers arrived. Morey and Jorgenson remained at the scene of the accident for one-half to three-quarters of an hour to direct traffic and to collect information for the accident report. Thereafter, the officers arrived at the hospital, where a positive identification of Treloar was made. The officers were unable at that time to obtain a positive identification of the female victim.

Morey and Jorgenson then entered the hospital emergency room, where Clappes was receiving treatment for lacerations, a ruptured bladder, a dislocated elbow, a fractured femur, a fractured pelvis, and shock. Permission to question the defendant was obtained from one of the emergency room physicians, and Morey proceeded to question the defendant, while [227]*227the defendant was receiving medical care, regarding the circumstances of the accident. Jorgenson recalled that the following exchange took place between Morey and Clappes during the questioning:

"THE WITNESS: And he was just off to the, facing, would be the left side of the table, and I was kind of on an oblique direction from him just basically right alongside him, and Officer Morey was in a very loud voice asking the defendant, Mr. Clappes, if he could hear him, and he stated he could; and he had asked who the girl was, and his reply was Stacy, and he said, 'What is her last name?’ and he said, 'Schroeder;’ and he said, 'Where does Stacy live?’ and he said, 'On the back road to King;’ and he asked if, where Stacy was sitting, and he said the front passenger side. He asked where Mike was sitting. He said in the back seat; and then he said, made it a statement more or less, 'And you were driving, is that right?’ and he repeated that, as I recall, once again, 'And you were driving; is that right?’ and he said 'Yes.’”

Morey testified that the disarray at the crash scene made it difficult, if not impossible, for the officers to obtain the information needed for the accident report at the accident site.

"THE WITNESS: We hadn’t completed our accident report; things were hectic at the accident scene. Mr. Clappes and the young lady that was killed in the accident, Stacy Schroeder, were laying outside in the yard at the accident scene. They had been thrown from the vehicle. And the young man that was with them was dead. So, we were busy cleaning up the scene, trying to administer aid to Mr. Clappes and the young lady. So, there was not a real opportunity to talk to Mr. Clappes. We went [228]*228to confirm information that was required for the accident report and to confirm the identity of the young lady that was in the car.”

Both officers testified that the defendant responded to each question posed to him, although at least two questions had to be repeated twice before the defendant responded. He appeared to the officers to be coherent, although he was experiencing great pain. In addition, both officers testified that Morey asked questions of the defendant in a louder than normal speaking voice, although Morey denied that he was shouting at the defendant. Morey testified that he asked the questions in an elevated speaking voice simply to ensure that the defendant would hear his questions.2 Jorgenson also stated that he believed the only reason Morey raised his voice during questioning was "simply to get the defendant’s attention so that he would be quiet and could hear and understand the questions.”

The entire length of the questioning did not exceed two or three minutes. At no time did either officer threaten the defendant, touch him, or make him any promises in exchange for a response to the questioning, although Morey did stand just above Clappes as he was directing questions at him. Nor did [229]*229the defendant ever request that the sergeant cease the questioning.

At the conclusion of the questioning, the defendant was placed under arrest. Jorgenson requested that an attending nurse take defendant’s blood sample. A sample was taken, and the state laboratory of hygiene tested it for its blood alcohol content. The test disclosed that defendant’s blood alcohol content by weight was 0.162 per cent.

The criminal complaint filed against defendant in July, 1980, charged him with violating sec. 940.09, Stats.3 It also charged the defendant under sec. 343.44(1), with unlawfully operating a motor vehicle after revocation of his driver’s license.

Defendant has argued throughout the proceedings that he remembers nothing about the accident, the treatment he received in the emergency room on the night of the crash, or the police questioning.

Defendant David K. Osman

The facts in the Osman case are similar to those in Clappes. Like Clappes, Osman was involved in a single-car crash which occurred in Waupaca county.

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Cite This Page — Counsel Stack

Bluebook (online)
401 N.W.2d 759, 136 Wis. 2d 222, 1987 Wisc. LEXIS 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clappes-wis-1987.