Smith v. State

I concur in Divisions 1 and 3, and concur in that portion of Division 2 that finds that the initial questioning of Smith was within the limited scope of an initial on-scene investigation and that the officer’s actions violated Miranda. I must respectfully dissent, however, as to the remainder of Division 2 because I do not believe the error was harmless under the circumstances. I further dissent to Division 4 because I do not believe that the state proved that Smith’s consent was voluntary.

Although the majority correctly notes that Smith was entitled to a Miranda warning at the time the…