State v. Gabrielson
| Decision Date | 15 December 1971 |
| Docket Number | No. 54822,54822 |
| Citation | 192 N.W.2d 792 |
| Parties | STATE of Iowa, Appellant, v. Joel GABRIELSON, Appellee. |
| Court | Iowa Supreme Court |
Richard C. Turner, Atty. Gen., Michael J. Laughlin, Asst. Atty. Gen., and DeWayne A. Knoshaug, County Atty., for appellant.
B. C. Berge, Garner, and Dan L. Johnston, Des Moines, for appellee.
The sole question here is whether the warning rules enunciated in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974, apply to simple misdemeanor cases. The trial court held in the affirmative. On the State's appeal we reverse. Our consideration of the question is limited to simple misdemeanors such as the case before us. We do not remand as defendant has been in jeopardy. Code section 793.9.
About 3 a.m. June 12, 1970 policeman Robert Berns saw a car sitting across the sidewalk in the driveway entrance to a closed car wash in Belmond. As it was being driven away it was stopped by the officer who then observed one of the four young male occupants had vomited on the right rear quarter panel. He was told they stopped to get the car washed. Berns smelled intoxicating liquor on each occurrant's breath, including defendant Joel Gabrielson, age 20 years. They had no beer and none was found in the car. Berns then took the four young men to the Belmond police station and engaged them in conversation regarding their earlier activities. Gabrielson stated they had been to a prewedding party at a farm home six miles from Belmond where he drank beer. He was not given the Miranda warnings until just before Berns issued him a summons to appear in a justice of the peace court on a charge of possession of beer in violation of Code section 125.33.
On issuance of the summons defendant was not further detained. Later he was tried and found guilty in the justice court. From a fine of $25 defendant appealed to district court where on trial to the court he was found not guilty. At all times defendant's attorney properly raised the question of the admissibility of defendant's statements made to Berns at the police station without Miranda warnings. The district court rejected the State's offer of Gabrielson's admissions and specifically ruled Miranda rules apply in misdemeanor prosecutions. For lack of evidence defendant was found not guilty.
I. In this state public offense are divided into felonies and misdemeanors. Felonies are those which are, or in the discretion of the court may be, punishable by imprisonment in the state penitentiary or reformatory. Other offenses are defined as misdemeanors and are punishable by fine or a jail term not to exceed one year. Code chapter 687. Gabrielson was charged with a simple misdemeanor punishable by a fine not to exceed $100 or 30 days in jail. Simple misdemeanors are triable without indictment. Article I, section 11, Iowa Constitution.
II. As stressed in defendant's brief the Fifth Amendment to the United States Constitution provides no person shall be compelled to be a witness against himself and the Sixth Amendment guarantees the right of counsel. These rights as well as their applicability to state prosecutions under the Fourteenth Amendment are conceded by the State. Our problem here is whether the warning rules enunciated in Miranda apply in what several courts refer to as 'minor' or 'petty' offenses.
III. In Miranda and its companion cases, involving Vignera, Westover and Stewart, the United States Supreme Court was concerned with the procedures followed by law enforcement officers in investigating felony cases. Miranda was convicted of kidnapping and rape. He was under concurrent sentences of 20 to 30 years imprisonment. In Vignera defendant was under a 30 to 60 years imprisonment sentence for first degree robbery. Westover had been convicted of two bank robberies and sentenced to consecutive 15 year sentences. Stewart was under a death sentence for murder.
After condemning incommunicado interrogation methods conducted in a police-dominated atmosphere and the use of third degree pressures resulting in self-incriminating statements by one under arrest without full warnings of constitutional rights the Supreme Court on Miranda held that statements of an accused stemming from custodial interrogation may not be used except under the following conditions:
'Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.' Page 443 of 384 U.S., page 1612 of 86 S.Ct., pages 706, 707 of 16 L.Ed.2d.
However the Supreme Court at page 481 of 384 U.S., page 1631 of 86 S.Ct., page 727 of 16 L.Ed.2d says:
IV. The question now before this court is of first impression. It has however been decided in other jurisdictions.
In State v. Pyle, 19 Ohio St.2d 64, 249 N.E.2d 826, defendant was arrested for operating a motor vehicle while intoxicated and thereafter questioned. That offense is classified as a misdemeanor and is punishable by not to exceed one year in the penitentiary. The Ohio court squarely holds the principles enunciated in Miranda are not applicable to misdemeanors, the court says:
'In deciding whether this holding extends to cover those persons accused of misdemeanors, as well as those persons accused of felonies under Ohio Law, we adhere to the accepted principle that any court-made rule of law must be read in relation to the facts which precipitated it.' Page 827 of 249 N.E.2d. And at page 828,
'It is our belief that to place the same restraints upon the interrogation process with respect to those persons accused of misdemeanors as exist with respect to those persons accused of felonies would
In State v. Angelo, 251 La. 250, 203 So.2d 710, defendant was arrested and later convicted of contributing to delinquency of a juvenile and indecent behavior with a juvenile. After his...
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Berkemer v. Carty
...850 (Del.1968); County of Dade v. Callahan, 259 So.2d 504, 507 (Fla.App.1971), cert. denied, 265 So.2d 50 (Fla.1972); State v. Gabrielson, 192 N.W.2d 792, 796 (Iowa 1971), cert. denied, 409 U.S. 912, 93 S.Ct. 239, 34 L.Ed.2d 173 (1972); State v. Angelo, 251 La. 250, 254-255, 203 So.2d 710, ......
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