State v. Yohnnson

6 A.3d 963, 204 N.J. 43, 2010 N.J. LEXIS 1089
CourtSupreme Court of New Jersey
DecidedOctober 26, 2010
StatusPublished
Cited by23 cases

This text of 6 A.3d 963 (State v. Yohnnson) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Yohnnson, 6 A.3d 963, 204 N.J. 43, 2010 N.J. LEXIS 1089 (N.J. 2010).

Opinions

Justice HOENS

delivered the opinion of the Court.

Defendant Brian Yohnnson was arrested on outstanding warrants, advised of his rights, and brought to the police station where detectives questioned him about a string of unsolved burglaries. Unbeknownst to those detectives, the arresting officer’s recitation to defendant, advising him of his rights, was neither correct nor complete. Because the detectives believed that the arresting officer had properly warned defendant about his rights, they did not re-administer those warnings to him at the police station. Instead, they conducted an interview during which defendant made no incriminating statements. They ended that interview when defendant referred to a family member’s advice to him to ask for a lawyer if he were ever arrested. When the detectives then told defendant that they were required to stop questioning him, he attempted to restart the interview without an attorney. The detectives refused to proceed, but allowed him, at his request, to step outside for a cigarette.

During that brief cigarette break, defendant was accompanied by the only available officer who was a smoker. Defendant recognized that officer as someone who he recalled had helped him before and who knew his father, and he began to lament the fact that he had disappointed his parents by using drugs. The officer commented to him that his parents would come around if he got clean. Immediately after returning from the cigarette break, defendant reiterated his request to speak with the detectives. At that point, defendant was fully advised of his rights, following which he formally waived them and confessed.

[46]*46The Appellate Division, in an unpublished decision, reasoned that those facts represented a variation of the “question-first, warn-later” interrogation procedure that this Court addressed in State v. O’Neill, 193 N.J. 148, 936 A.2d 438 (2007). Applying the five-factor test that we developed in O’Neill for courts to use when a suspect’s statements were obtained by using the “question-first, warn-later” technique, the Appellate Division concluded that defendant’s confession should have been suppressed.

Because the circumstances revealed in this record are far different from the “question-first, warn-later” technique considered in O’Neill, and because there is sufficient credible evidence to support the factual findings and credibility determinations made by the trial court in support of its conclusion that defendant’s waiver of his rights was knowing, voluntary, and intelligent, we reverse the judgment of the Appellate Division and we reinstate the trial court’s order denying defendant’s motion to suppress as well as his conviction.

I.

The facts and the procedural history of this matter are inextricably intertwined, as a result of which we present them chronologically, beginning with the factual record developed during defendant’s first hearing on his motion to suppress.

A.

Moorestown police were investigating a series of robberies when, on the morning of August 18, 2004, a Dunkin’ Donuts in the adjoining community of Maple Shade was robbed for the second time in three days. Moorestown Police Detectives Gunning, Leiber, and O’Donnell arrived at the scene first and, when Maple Shade Detective Mikulski arrived, the Moorestown officers told him about the robberies that they were investigating. In particular, because witnesses to the Maple Shade robbery had described the robber and had reported seeing him leave the scene in a blue truck, the Moorestown officers told Detective Mikulski that those [47]*47descriptions were similar to the ones they had obtained in their investigations. They told Detective Mikulski that they had identified defendant as a suspect in the Moorestown robberies. Detective Gunning also told Detective Mikulski that defendant was his nephew and, to the best of Detective Mikulski’s recollection, revealed at that time that defendant was a heroin addict.

At approximately 3:15 p.m. that day, Patrolman Giannini responded to a call reporting that someone in a blue truck was shooting up drugs behind a pizzeria in Maple Shade. A short time later, he stopped defendant in his blue truck, and arrested him based on outstanding warrants from Camden. Patrolman Giannini then advised defendant of his Miranda1 rights and transported him to the Maple Shade police station. Although a later review of the patrol car’s recording equipment revealed that his recitation was inadequate and therefore ineffective, Patrolman Giannini told Detective Mikulski that he had advised defendant of his Miranda rights at the scene of the arrest.

Detective Mikulski began speaking with defendant shortly after defendant arrived at the police station. Believing that defendant had already been advised of his rights, Detective Mikulski did not re-administer the Miranda warnings, but simply began his interview.2 Detective Mikulski also recalled that Detective O’Donnell from the Moorestown Police Department, who was investigating the Moorestown robberies, was also present during part of the first interview.

The first interview continued for roughly two hours and forty-five minutes, and Detective Mikulski testified that he spent much of that time talking rather than asking defendant questions. He [48]*48recalled that he obtained defendant’s biographical information and explained to defendant what the police wanted to discuss with him. According to Detective Mikulski, he described for defendant the investigations into the robberies and told him what the police knew about the robberies, although without revealing all of the information that had been gathered. He described “the way the system worked and so forth and what was entailed with this type of crime” as part of his effort to make defendant aware of the situation he was facing “and what potentially could occur.” Although Detective Mikulski testified that a composite drawing of the perpetrator that witnesses had described in connection with the Moorestown robberies had been prepared, he could not recall precisely when he showed it to defendant. According to Detective Mikulski, defendant said he had used heroin earlier that day but made no admissions relating to any of the crimes being investigated.

Detective Mikulski testified that after he had been speaking with defendant for some time,3 defendant said that his uncle, Detective Gunning, had told him that he should have an attorney whenever he was speaking to the police. Although defendant did not ask to consult with counsel or decline to speak to the police except with an attorney present, Detective Mikulski responded to defendant’s remark as if it were an assertion of the right to counsel. Detective Mikulski testified that he told defendant that he would have to end the interview, but that defendant responded by “indieat[ing] that he still wished to speak about things.” Detective Mikulski refused, advising defendant that the interview could not proceed unless defendant had counsel.

[49]*49Defendant’s testimony on this issue was dramatically different. He testified that he asked for a lawyer because, based on his uncle’s advice, he did not want to speak to the police without an attorney present. Defendant testified that, in spite of his request, the detectives did not stop questioning him, but instead tried to coerce him to speak.

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Cite This Page — Counsel Stack

Bluebook (online)
6 A.3d 963, 204 N.J. 43, 2010 N.J. LEXIS 1089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-yohnnson-nj-2010.