State v. Dennis

Defendant Michael Dennis appeals from his conviction in Thurston County Superior Court of unlawful possession of cocaine, contending the trial court erred in refusing to suppress certain evidence, without which his conviction cannot stand. The issue framed by his appeal is: Was defendant’s Fifth Amendment privilege against self-incrimination violated because (1) the evidence was compelled by a custodial interrogation; and (2) the production of the evidence was in itself a testimonial response which should have been preceded by Miranda warnings? Our answer must be in the affirmative, and…