People v. Tutt

I dissent and vote to reverse the order of the Appellate Division.

The failure of the arresting officer to adequately inform defendant of his right to the assistance of counsel prior to and during custodial interrogation violated the principles articulated in Miranda v Arizona (384 US 436). Absent a knowing and voluntary waiver of this right, incriminating statements made by defendant after his arrest should have been suppressed.

Thé only issue at the suppression hearing was whether defendant had waived his Miranda rights. Patrolman Zuefle testified that, while on routine patrol, he spotted…