State v. Delong

I respectfully disagree with the majority’s conclusion that defendant’s consent to the search of his vehicle attenuated the taint of the Miranda violation by the deputies in this case. In particular, I disagree with the majority’s conclusion that defendant’s consent — -given in response to police questioning while he was in custody and in handcuffs — was volunteered. I disagree with the reasoning that the majority has used to reach its conclusion, and I am concerned about how that reasoning may affect other cases in which citizens are interrogated by law enforcement officers under compelling…