Falls, May 2017
from the District Court of the Sixth Judicial District of the
State of Idaho, Franklin County. Hon. Mitchell W. Brown,
district court's order granting the motion to suppress is
Lawrence G. Wasden, Attorney General, Boise, for appellant.
Russell J. Spencer argued.
Michael J. Wood, Twin Falls, for respondent.
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.
FACTUAL AND PROCEDURAL BACKGROUND
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.
Detective Jensen: Do you understand your ...