State v. Lee

The state appeals from an order suppressing Scott Lee’s inculpatory statement. He is charged with conspiracy to deliver a controlled substance, contrary to secs. 939.31 and 161.41 (1) (b), Stats. The issues are whether the police may constitutionally initiate interrogation of a defendant after he has invoked his right to counsel and whether defendant’s stepmother acted for the police when she persuaded him to inculpate himself. The trial court found that the stepmother had acted on behalf of the state and suppressed the statement because defendant’s communication to the officers was therefore…