State v. Kenneth Taylor

Syllabus

In this opinion, we address (1) the meaning of the word \show\ as it is used in subsection 56-5-2953(A) and (2) whether per se dismissal of a DUI charge is the proper remedy for a video's failure to \show\ a DUI defendant being advised of his Miranda rights at the incident site. We affirm the court of appeals' holding that subsection 56-5-2953(A) requires a video recording to visually depict a defendant being advised of his Miranda rights at the incident site. However, we hold that from this point forward, suppression of tainted evidence flowing from the failure to administer Miranda warnings in accordance with subsection 56-5-2953(A)--not per se dismissal of the DUI charge--is the proper remedy.