State v. Wyman

The majority holds that the defendant appellant’s second written statement and the tape recordings of his oral statements were properly admitted into evidence. It is my conclusion that the tape recorded oral statements were taken in violation of his rights under I.C. § 19-615, I.C.R. 5(a) and the Fourth Amendment to the Constitution of the United States. I also believe that these statements and the second written statement, to the extent they were self-incriminatory, were introduced into evidence in violation of the defendant’s rights under the Fifth Amendment to the Constitution of the…