State v. Chabonian

On the issue of admissibility of the admission made by the defendant to the police officer that he knew the automobile was stolen when he purchased it, three facts must be accepted as established:

1. It was made after the defendant had been fully informed of his constitutional rights as required by Miranda. 1

2. It was volunteered.2

3. It was made after the defendant had retained counsel, and while he was represented by said counsel.

*579If the defendant did not have a lawyer representing him, it is clear that the first two facts would require a finding that his volunteered admission was admissible.…