Legal Opinion

State v. Spotted Elk

Court of Appeals of Washington

Decided November 20, 2001No. 19230-0-IIIPublishedCited by 15 opinions

1Opinion of the Court

Brown, A.C.J.

A jury convicted Pamela Spotted Elk of possessing heroin. On appeal, among other contentions, she argues her incriminating statements should have been suppressed because of a Miranda1 violation. We agree, decide the remaining untainted evidence does not survive a harmless error analysis, and reverse.

*256FACTS

Police Officer Brad Linn of the Spokane Police Department saw Ms. Spotted Elk in downtown Spokane and suspected she had outstanding arrest warrants. After confirming his suspicions, Officer Linn arrested Ms. Spotted Elk. He did not give her the Miranda warnings. The officer knew…

2Cases cited19 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Rhode Island v. InnisSupreme Court of the United States · 1980
  4. Oregon v. ElstadSupreme Court of the United States · 1985
  5. State v. GuloyWashington Supreme Court · 1985

14 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State v. OlmedoCourt of Appeals of Washington · 2002
  2. State v. Spotted ElkCourt of Appeals of Washington · 2001
  3. State v. KooymanCourt of Appeals of Utah · 2005
  4. State v. JohnsonCourt of Appeals of Kansas · 2011
  5. State v. MilesCourt of Appeals of Washington · 2011

10 more not listed; retrieve them via the Exa API.

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