State v. John Powers

Skoglund, J.,

¶ 46. dissenting. I dissent. This was not a typical, routine interview of a parolee or furloughee. This was a special visit to respond to an allegation that defendant had committed a crime. The totality of the circumstances shows that defendant was “in custody” when he made involuntary, incriminatory statements to his supervising Department of Corrections (DOC) officer, and therefore his statements should be suppressed. I would affirm the trial court’s decision.

¶ 47. Under the Fifth Amendment to the U.S. Constitution, an individual is privileged “not to answer official questions…