(DOWNLOAD) "Washington v. Mahoney" by Division Three, Panel One Court of Appeals of Washington ~ Book PDF Kindle ePub Free
eBook details
- Title: Washington v. Mahoney
- Author : Division Three, Panel One Court of Appeals of Washington
- Release Date : January 06, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
SWEENEY, C.J.-- [1] A suspect must be in custody or "otherwise deprived of his freedom of action in a significant way" to trigger the protections afforded by Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694, 10 A.L.R.3d 974 (1966). Police telephoned Erik Duane Mahoney and asked him whether he was present when stereo equipment was stolen from a vehicle parked at a Spokane apartment complex. Mr. Mahoney said he and two friends were "checking out cars" at about 1:30 a.m. He then admitted that he kept an eye out while the others removed the rear window of a vehicle and took stereo equipment and sunglasses from the vehicle. Mr. Mahoney was charged with second degree theft and second degree malicious mischief. The trial court admitted Mr. Mahoneys telephone statements over his objections. Mr. Mahoney was convicted of second degree theft and third degree malicious mischief and now appeals. We are asked to decide whether the telephone conversation between Mr. Mahoney and police was a custodial interrogation for purposes of Miranda. We conclude that it was not and affirm.