State v. Hansford

Citations

• 2019 ND 52
• 923 N.W.2d 113

Syllabus

Whether a suspect is in custody is a mixed question of fact and law which is fully reviewable on appeal. A reasonable person would not believe he was in custody when he traveled unrestrained to the police station, was not placed under arrest or otherwise restrained, was told he was free to leave at any time, sat closest to the door during the interview, was interviewed in a room with only one law enforcement agent present, did not show any apprehension about being in the agent's company, and told the agent he understood he was free to leave at any time. It is the State's burden to prove the voluntariness of a defendant's confession and to produce evidence on relevant factors. Even if a suspect is not in custody and Miranda warnings are given gratuitously, they are not rendered wholly irrelevant in determining whether incriminating statements were given voluntarily. Parties raising a constitutional claim must provide persuasive authority and a reasoned analysis to support the claim.