State v. Linder

This is a pretrial appeal by the state pursuant to Rule 29.03, subd. 1, Rules of Criminal Procedure, from an order of the district court suppressing evidence in the criminal prosecution of defendant. The issue on appeal is whether the court erred in determining that defendant’s waiver of his Miranda rights was not knowing, intelligent, and voluntary. We affirm the suppression order and remand for trial.

In Miranda the court stated that when the government claimed waiver “a heavy burden” rested on it “to demonstrate that the defendant knowingly and intelligently waived his privilege against…