State v. Austin

Defendant was found guilty by a jury of attempted burglary. He appeals claiming violation of his constitutional right against self-incrimination.

Defendant was arrested near the scene of a reported burglary. He was twice given the Miranda warnings (Miranda v. Arizona, 384 US 436, 86 S Ct 1602, 16 L Ed 2d 694, 10 ALR3d 974 (1966)), and he declined to say anything. Five or ten minutes later, after defendant had been booked, an officer asked him if he wanted to make a phone call. The officer testified that he answered by saying that he did not, and then proceeded to volunteer to the policeman…