State v. Mason

The state appeals from an order suppressing statements made by defendant to the police between February 19, 1980, and March 3, 1980. The state contends that until defendant was formally placed under arrest on the latter date he was not in custody and his statements prior to that time were freely and voluntarily made. We affirm.

On February 19, 1980, defendant, who has been deaf since birth, was living at the residence of Jerri Chepela, the homicide victim in this case. On the morning of that day, defendant went to the house of a neighbor and indicated, by gesturing and passing notes back and…