State v. Baggett

• Decision Date: 20 October 1975
• Citation: 541 P.2d 493,23 Or.App. 113
• Parties: STATE of Oregon, Respondent, v. William Preston BAGGETT, Jr., Appellant.
• Court: Oregon Court of Appeals

Page 493

541 P.2d 493

23 Or.App. 113

STATE of Oregon, Respondent, v. William Preston BAGGETT, Jr., Appellant.

Court of Appeals of Oregon.

Argued and Submitted Aug. 18, 1975.

Decided Oct. 20, 1975.

John K. Hoover, Deputy Public Defender Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and LEE, JJ.

LEE, Judge.

Defendant was convicted of murder. He assigns as error the denial of his motion to suppress: (1) certain statements made to the police in response to their questions before Miranda warnings were given and (2) 'items' seized without a search warrant from a car in his possession.

In October 1974 Officer Duggan of the Buffalo, New York police department was informed that a bulletin had been received from Oregon stating that defendant was wanted for murder and might be headed for Buffalo. The bulletin mentioned that defendant was last known to be operating the murder victim's car, a 1971 Plymouth Fury, with black vinyl top, white body, and tan interior, bearing Oregon license EFF--895. The bulletin also said defendant might possess a seven-shot .38 caliber revolver.

Officer Duggan was also informed that a person was attempting to sell a sevenshot revolver at a certain gas station in Buffalo. Officers Duggan and Driscoll drove to the station and observed a Plymouth black-topped car with a white body and bearing South Dakota license plates parked on the premises. They learned from the station attendant that the person seeking to sell the gun was still in the building. They asked defendant for identification and he produced a driver's license bearing his picture whereupon the officers disarmed him of a seven-shot .38 caliber revolver, then handcuffed him and escorted him to the back seat of their police car.

Officer Duggan asked defendant if the Plymouth car was his. He replied that it was. Duggan then asked defendant if he had the keys to the car. Defendant replied that they were in his pocket and he 'allowed' Officer Duggan to remove them. Upon request, defendant identified the car keys. Using the keys, Officer Duggan opened and closed the trunk, then opened the left-front door of the car. He observed a set of license plates protruding from beneath the front seat. He removed them and noticed an additional set. One of these sets was Oregon plates EFF-895. The officers retained possession of the license plates and had a third officer take defendant's car to the police station. A warrant for a search of the car was obtained the next day.

Next, Officer Duggan entered the back seat of his car where defendant was lodged. Officer Duggan's testimony was that he told defendant he was wanted by Oregon for murder: '* * * and that before he said anything, or I asked any questions, that I wanted him to pay full attention to what I was going to say, that I had to explain to him, his constitutional rights.' Defendant's Miranda rights were then read to him by Officer Duggan who further testified:

'* * * I asked him if he understood them, and if he had any questions regarding them. He said he fully understood them and he had no questions and that he knew he was caught and that he would tell me everything about the murder.'

Later that day, defendant was given an opportunity to read a Miranda warning. He said he understood his rights and signed a card with his Miranda rights printed thereon....