People v. Owens

Opinion

DOSSEE, J.*

Appellant Arthur F. Owens, Jr., and his codefendant Charles Madry, Jr., were arrested at a service station in San Jose when, for reasons irrelevant to this appeal, a police officer ran a warrant check on the vehicle they were driving and discovered that it had been stolen.

The two suspects were taken to the police station where they were interviewed and separated and gave inconsistent tape-recorded statements after waiving their right to silence. They were then locked together in an interview room where they engaged in inculpatory conversation which was secretly recorded. At…