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State v. McNeely

Supreme Court of Idaho

July 10, 2017

STATE OF IDAHO, Plaintiff-Appellant,
v.
TYRELL GARRETT MCNEELY, Defendant-Respondent.

         Idaho Falls, May 2017

         Appeal from the District Court of the Sixth Judicial District of the State of Idaho, Franklin County. Hon. Mitchell W. Brown, District Judge.

         The district court's order granting the motion to suppress is affirmed.

          Hon. Lawrence G. Wasden, Attorney General, Boise, for appellant. Russell J. Spencer argued.

          Michael J. Wood, Twin Falls, for respondent.

          HORTON, Justice.

         This is an appeal from an order granting a motion to suppress. The district court in Franklin County granted a motion to suppress statements made by Tyrell McNeely to Detective Zane Jensen after finding that the Miranda warnings given to McNeely did not adequately advise him of his rights. On appeal, the State argues that the district court erred when it followed case law from the Ninth Circuit Court of Appeals requiring police to advise suspects of their right to have an attorney present during interrogation. We affirm.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         McNeely was arrested on May 15, 2015, for a misdemeanor probation violation. While McNeely was at the Franklin County Sheriff's Office, Detective Jensen was asked to transport him to jail. Detective Jensen was investigating a report that McNeely had engaged in lewd and lascivious conduct with a minor child and decided to interview McNeely. At the beginning of the interview the following exchange took place:

Detective Jensen: You kind of got yourself in a spot.
McNeely: Uh huh.
Detective Jensen: And I need to visit with you about it. But I need - I need to have you understand - I need to talk to you about first about your rights.
McNeely: Kay.
Detective Jensen: Do you understand your ...

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