Opinion No. 53
from the District Court of the Third Judicial District, State
of Idaho, Canyon County. Hon. Molly J. Huskey, District
of conviction, affirmed; order denying motion to suppress,
D. Fredericksen, Interim State Appellate Public Defender;
Reed P. Anderson, Deputy Appellate Public Defender, Boise,
Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen,
Deputy Attorney General, Boise, for respondent.
Orlando Zamora appeals from judgments of conviction on three
felonies and four misdemeanors entered after his conditional
guilty pleas. He challenges the district court's denial
of his motion to suppress evidence. For the reasons set forth
below, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
domestic disturbance at a motel, Zamora was arrested and
charged for conduct stemming from that dispute. The court
entered a no-contact order against Zamora. Pursuant to this
arrest, officers searched the motel and found various items
of contraband. Zamora was also charged for those offenses.
in custody for these charges, Zamora allegedly made phone
calls to the victim named in the no-contact order. An
investigator met with Zamora to question him about the phone
calls. Prior to questioning, the investigator advised Zamora
of his Miranda rights in the following exchange:
Investigator: So like I do follow-up and do whatever; a bunch
of random things they need done. So, since you're in
custody, and obviously you can't just get up and leave, I
have to read you your Miranda rights before I talk to you.
So, I'm gonna do that first. You have the right to remain
silent. Anything you say may be used against you in a court
of law. You have the right to talk with a lawyer and have
them present while you are being questioned. If you cannot
afford to hire a lawyer, one will be appointed to represent
you before questioning. Do you understand each of these
rights as I have explained to you?
Zamora: Uh huh.
Investigator: Okay. So, obviously you don't know what
I'm going to ask you yet, so, at any point in time you
don't want to talk to me or if you don't want to
answer any questions I'm going to ask you, you can just
say "no, " or you know, "I want to leave,
" or "I'm done, " or whatever.
proceeded to answer the investigator's questions,
admitting to hitting the victim and having contact with her
while in custody. Zamora allegedly contacted the victim
several other times while in custody and was charged for each
of those violations of the no-contact order. The State moved