State v. Tyrell Garrett McNeely

HORTON, Justice.

This is an appeal from an order granting a motion to suppress. The district court in Franklin County granted a motion to suppress statements made by Tyrell McNeely to Detective Zane Jensen after finding that the Miranda warnings given to McNeely did not adequately advise him of his lights. On appeal, the State argues that the district court erred when it followed case law from the Ninth Circuit Court of Appeals requiring police to advise suspects of them right to have an attorney present during interrogation. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

McNeely was arrested…