State v. Discoe

334 N.W.2d 466, 1983 N.D. LEXIS 294
CourtNorth Dakota Supreme Court
DecidedMay 12, 1983
DocketCr. 890
StatusPublished
Cited by35 cases

This text of 334 N.W.2d 466 (State v. Discoe) 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
State v. Discoe, 334 N.W.2d 466, 1983 N.D. LEXIS 294 (N.D. 1983).

Opinions

VANDE WALLE, Justice.

The State appealed from an order of the district court of Ward County suppressing (1) a statement made by Randall A. Discoe to police officers while being questioned at the Minot police station and (2) evidence obtained from the trunk of Discoe’s car following a consent to search. In its order, the trial court held that both the confession and the consent to search were involuntary. We affirm.

Essentially one issue is raised by the State in its appeal from the trial court’s order: namely, did the trial court err in granting Discoe’s motion to suppress the statement in question and in vitiating Dis-coe’s consent to search his car?1

The central issue in a case challenging the validity of a confession is whether or not the confession was made voluntarily. Culombe v. Connecticut, 367 U.S. 568, 81 S.Ct. 1860, 6 L.Ed.2d 1037 (1961); State v. Nagel, 75 N.D. 495, 28 N.W.2d 665 (1947). Likewise, when the validity of a consent to search is called into question, the trial court must satisfy itself that the consent was given voluntarily before it can permit the use of evidence obtained from the search against the accused at trial. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); State v. Lange, 255 N.W.2d 59 (N.D.1977). And the way in which the trial court is to make its determination on the issue of voluntariness is by examining the totality of the circumstances which surround the giving of a confession or consent to a search to see whether it is the product of an essentially free choice or the product of coercion. Schneckloth, supra; State v. Carlson, 318 N.W.2d 308 (N.D.1982), cert. denied - U.S. -, 103 S.Ct. 456, 74 L.Ed.2d 609 (1982); State v. Roquette, 290 N.W.2d 260 (N.D.1980); Lange, supra.

Under a “totality of the circumstances” standard, although the existence or absence of certain factors concerning (1) the characteristics and condition of the ac[468]*468cused at the time he confessed or consented and (2) the details of the setting in which the consent or confession was obtained are significant in deciding voluntariness, no one factor in and of itself is determinative. Schneckloth, supra; State v. Munro, 295 N.W.2d 437 (Iowa 1980); Barrera v. State, 99 Wis.2d 269, 298 N.W.2d 820 (1980), cert. denied 451 U.S. 972, 101 S.Ct. 2051, 68 L.Ed.2d 352 (1981).

Usually the circumstances which attend the giving of a confession or a consent are not completely agreed upon by law-enforcement officials and the accused; hence, the trial judge often must decide between conflicting evidence to form a picture in his own mind of the “totality of the circumstances.” Recognizing that a trial court is in a much better position to judge the credibility of witnesses and the weight to be given their testimony, we show great deference on appeal to the trial court’s determination of voluntariness by refusing to reverse its decision unless it is contrary to the manifest weight of the evidence. Carlson, supra; Roquette, supra; State v. Thompson, 256 N.W.2d 706 (N.D.1977). See also Walker v. State, 386 So.2d 762 (Ala.Cr.App.1980); People v. Aldridge, 37 Ill.Dec. 286, 79 Ill.2d 87, 402 N.E.2d 176 (1980); People v. Martin, 99 Mich.App. 570, 297 N.W.2d 718 (1980). The trial court’s disposition of a motion to suppress will not be reversed if, after conflicts in the testimony are resolved in favor of affirmance [People v. Rodriguez, 117 Cal.App.3d 706, 173 Cal.Rptr. 82 (1981); State v. Baker, 4 Kan.App.2d 340, 606 P.2d 120 (1980); State v. Shaffer, 96 Wis.2d 531, 292 N.W.2d 370 (1980); State v. Hookings, 86 Wis.2d 709, 273 N.W.2d 339 (1979); Norwood v. State, 74 Wis.2d 343, 246 N.W.2d 801 (1976), cert. denied 430 U.S. 949, 97 S.Ct. 1589, 51 L.Ed.2d 798 (1977) ], there is sufficient competent evidence fairly capable of supporting the trial court’s determination. See United States v. Valle, 644 F.2d 374 (8th Cir.1981); Nelson v. State, 398 So.2d 421 (Ala.Cr.App.1981); People v. Traubert, 199 Colo. 322, 608 P.2d 342 (1980); People v. Scott, 198 Colo. 371, 600 P.2d 68 (1979); State v. Greene, 91 N.M. 207, 572 P.2d 935 (1977); People v. Chaffee, 55 A.D.2d 736, 389 N.Y.S.2d 168 (1976).

We now turn to an examination of the entire record to see if there is sufficient evidence to support the trial court’s conclusion that Discoe’s confession and consent to search were not given voluntarily.

Discoe’s first contact with the police occurred in the early morning hours of March 11, 1982, when he was stopped for speeding and subsequently arrested for driving a motor vehicle while under the influence of alcohol. Before going to the police station, Discoe was taken to a local military hospital to receive treatment for a cut on his hand which he said had been inflicted by a hitchhiker in a struggle after the hitchhiker had pulled a knife on him. Following his processing at the police station for drunk driving, Discoe was released from custody on bond, but because his car had been impounded he had to hitchhike to his home at the Minot Air Force Base where he was stationed on active duty. Once at home, Discoe had something to eat, got cleaned up, and hitchhiked back to town to get his car out of the impound lot.

In the meantime, the police had investigated a complaint by Larry Stapleton that a burglary had occurred in his home sometime during the previous night in which stereo equipment and a television set were taken. Apparently the burglar had gained access to Stapleton’s home by breaking a window in the entrance door.

As it turned out, Stapleton was acquainted with Discoe, who had been a guest in his home, and after discovering bloodstains on the broken glass from the entrance door and hearing that Discoe had received a cut on his hand the same night as the burglary, he surmised that Discoe might have been the burglar.

When the police learned of Stapleton’s suspicions, they had a hold placed on Dis-coe’s car. Consequently, once Discoe arrived at the impound lot to get his car, he was informed that his car could not be released without police authorization, which was being withheld. Discoe called the po[469]*469lice to inquire why there was a hold on his car and he was told that they wanted to talk to him.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Gothberg
2024 ND 217 (North Dakota Supreme Court, 2024)
State v. Schmidt
2016 ND 187 (North Dakota Supreme Court, 2016)
McCoy v. North Dakota Department of Transportation
2014 ND 119 (North Dakota Supreme Court, 2014)
Fossum v. North Dakota Department of Transportation
2014 ND 47 (North Dakota Supreme Court, 2014)
State v. Otto
2013 ND 239 (North Dakota Supreme Court, 2013)
State v. Huether
2010 ND 233 (North Dakota Supreme Court, 2010)
Hunt v. Hunt
2010 ND 231 (North Dakota Supreme Court, 2010)
State v. Crabtree
2008 ND 174 (North Dakota Supreme Court, 2008)
State v. Guscette
2004 ND 71 (North Dakota Supreme Court, 2004)
City of Fargo v. Ellison
2001 ND 175 (North Dakota Supreme Court, 2001)
State v. Helmenstein
2000 ND 223 (North Dakota Supreme Court, 2000)
State v. DeCoteau
1999 ND 77 (North Dakota Supreme Court, 1999)
State v. Avila
1997 ND 142 (North Dakota Supreme Court, 1997)
State v. Bjornson
531 N.W.2d 315 (North Dakota Supreme Court, 1995)
City of Fairgo v. Thompson
520 N.W.2d 578 (North Dakota Supreme Court, 1994)
State v. Murray
510 N.W.2d 107 (North Dakota Supreme Court, 1994)
State v. Sailer
500 N.W.2d 886 (North Dakota Supreme Court, 1993)
State v. Everson
474 N.W.2d 695 (North Dakota Supreme Court, 1991)
State v. Taillon
470 N.W.2d 226 (North Dakota Supreme Court, 1991)
State v. Ellvanger
453 N.W.2d 810 (North Dakota Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
334 N.W.2d 466, 1983 N.D. LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-discoe-nd-1983.