Chavez-Ortega v. the State

Ray, Judge.

Jonathan Chavez-Ortega has been charged by accusation with driving under the influence of alcohol, reckless driving, and racing. We granted Chavez-Ortega’s application for interlocutory review of an order denying a motion to suppress his custodial statements. Because we find that Chavez-Ortega was in custody when he invoked his right to remain silent, but that the police nonetheless continued to question him which led to the incriminating evidence which he seeks to suppress, we reverse the trial court’s denial of Chavez-Ortega’s motion to suppress.

Three fundamental principles must…