State v. Foster

The issue in this criminal appeal is whether the defendant’s waiver of his right to have an attorney present during custodial interrogation was voluntarily made.

Defendant was arrested at his residence on April 10, 1978 at 11:15 p.m. The arresting officers charged him with kidnapping in the first degree and extortion and advised defendant of his Miranda rights. The officers brought him to the police station where, at approximately 12:15 a.m., they again advised him of his rights, and defendant signed an Advice of Rights form indicating that he understood his rights. Defendant told the police…