State v. Leyva

• Decision Date: 09 November 1995
• Docket Number: No. 940758-CA,940758-CA
• Citation: 906 P.2d 894
• Parties: STATE of Utah, Plaintiff and Appellee, v. Rogelio Limonta LEYVA, Defendant and Appellant.
• Court: Utah Court of Appeals

Page 894

906 P.2d 894

64 USLW 2399

STATE of Utah, Plaintiff and Appellee, v. Rogelio Limonta LEYVA, Defendant and Appellant.

No. 940758-CA.

Court of Appeals of Utah.

Nov. 9, 1995.

Elizabeth Hunt and Ronald S. Fujino, Salt Lake City, for Appellant.

Marian Decker and Jan Graham, Salt Lake City, for Appellee.

Before ORME, BENCH and BILLINGS, JJ.

OPINION

BILLINGS, Judge:

Defendant, Rogelio Limonta Leyva, appeals from a judgment and conviction for Failure to Stop/Respond to Command of Officer, a third degree felony, in violation of Utah Code Ann. § 41-6-13.5 (Supp.1995). Defendant claims the trial court erred when it failed to suppress the defendant's statements in violation of his Fifth Amendment right against compulsory self-incrimination. We reverse and remand for a new trial.

FACTS

While on patrol duty, a Utah Highway Patrol trooper noticed a yellow car that was "sagging badly to one side." Surprised that it was able to pass inspection, the trooper ran a license plate check on the car. The check revealed that the license plate belonged to a different car. Based on this violation, the trooper turned on his emergency lights and siren. A high speed chase ensued. The chase ended when defendant crashed at the bottom of a freeway off-ramp.

The trooper immediately handcuffed defendant. Without reading him his Miranda rights, the trooper questioned defendant. Defendant's pre-Miranda statements were suppressed by the trial court and are not at issue on appeal.

Approximately thirty minutes later, the trooper informed defendant of his Miranda rights. When the trooper asked defendant if he understood his rights, defendant responded "Yes." The trooper then asked defendant, "Having these rights in mind do you wish to talk to us now?" Defendant answered, "I don't know." The trooper responded, "You don't have to answer questions if you don't want to. It is up to you." Defendant nodded his head affirmatively. The trooper then asked, "So why did you run?" Defendant responded, "The plates are on the wrong car."

The trial judge denied defendant's motion to suppress his incriminating statement. Defendant on appeal claims the trial court's ruling was in error because he equivocally invoked his Miranda rights and the trooper solicited incriminating remarks rather than clarifying his intention.

STANDARD OF REVIEW

On appeal, defendant claims the trial court erred by not suppressing his post-Miranda inculpatory statements. Defendant claims he equivocally invoked his Miranda rights and thus the arresting officer should have asked him only clarifying questions rather than soliciting his incriminating statement.

This court reviews the trial court's conclusion of a valid Miranda waiver for correctness, State v. Pena, 869 P.2d 932, 941 (Utah 1994); State v. Sampson, 808 P.2d 1100, 1111 (Utah App.1990); however, because of "variability of ... factual settings" we grant a measure of discretion to the trial judge. Pena, 869 P.2d at 941. ¹

ISSUE

This case presents the important question of whether Utah case law on the equivocal invocation of Miranda rights has been wholly displaced by the recent decision of the United States Supreme Court in Davis v. United States, 512 U.S. 452, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994). To answer this question, we discuss the development of the rule of Miranda, prior Utah case law on equivocal invocations, and the United States Supreme Court's decision in Davis v. United States.

I. Miranda v. Arizona

Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), established procedural safeguards aimed at protecting a defendant's Fifth Amendment right against self-incrimination and Sixth Amendment right to counsel. Specifically, statements made by a defendant in custody are not admissible as evidence unless the defendant is told of his Miranda rights, and the defendant "knowingly and intelligently waive[s] these rights and agrees to answer questions." 384 U.S. at 479, 86 S.Ct. at 1630. Once the defendant is informed of his Miranda rights, the defendant may either invoke his right to remain silent or to have counsel present (scenario I), or he may waive his rights and speak with law enforcement officials (scenario II).

Under scenario I, Miranda held that once a defendant indicates

in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease. At this point he has shown that he intends to exercise his Fifth Amendment privilege; any statement taken after the person invokes his privilege cannot be other than the product of compulsion, subtle or otherwise.

Id. at 473-74, 86 S.Ct. at 1627-28. If the right to remain silent is invoked, the right must be "scrupulously honored" and the defendant is not subject to further interrogation until a reasonable amount of time has elapsed. Michigan v. Mosley, 423 U.S. 96, 104, 96 S.Ct. 321, 326, 46 L.Ed.2d 313 (1975). Miranda established a similar standard for the Sixth Amendment right to counsel. Miranda, 384 U.S. at 444-45, 86 S.Ct. at 1612. If the right to counsel is invoked, the defendant is not subject to further interrogation until counsel has been made available to him. Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 1885, 68 L.Ed.2d 378 (1981).

II. Equivocal Invocation of Miranda Rights

For a variety of reasons, including poor command of the English language, and fear or intimidation, defendants often respond in equivocal or ambiguous language when their Miranda rights are explained. Courts have adopted one of three approaches to deal with equivocal invocation of Miranda rights. At one extreme, courts require that upon an equivocal reference to Miranda rights all questioning must cease. See, e.g., People v. Superior Court, 15 Cal.3d 729, 125 Cal.Rptr. 798, 802-03, 542 P.2d 1390, 1394-95 (1975) (en banc), cert. denied, 429 U.S. 816, 97 S.Ct. 58, 50 L.Ed.2d 76 (1976); Ochoa v. State, 573 S.W.2d 796, 800-01 (Tex.Crim.App.1978). At the other extreme, courts require that a defendant's Miranda reference be clear before it is recognized as an invocation of Miranda rights. See, e.g., People v. Krueger, 82 Ill.2d 305, 45 Ill.Dec. 186, 189, 412 N.E.2d 537, 540 (1980). The great majority of courts, however have adopted a middle ground. Upon an equivocal reference to Miranda rights, all questioning must cease except for those questions designed to clarify the defendant's equivocal statement. See, e.g., United States v. March, 999 F.2d 456, 461-62 (10th Cir.1993); United States v. Mendoza-Cecelia, 963 F.2d 1467, 1472 (11th Cir.1992); United States v. Gotay, 844 F.2d 971, 975 (2d Cir.1988); United States v. Fouche, 833 F.2d 1284, 1287 (9th Cir.1987); United States v. Porter, 776 F.2d 370, 370 (1st Cir.1985) (en banc); Thompson v. Wainwright, 601 F.2d 768, 771-72 (5th Cir.1979) (en banc); People v. Benjamin, 732 P.2d 1167, 1171 (Colo.1987); Crawford v. State, 580 A.2d 571, 576-77 (Del.1990); Martinez v. State, 564 So.2d 1071, 1074 (1990); State v. Moulds, 105 Idaho 880, 673 P.2d 1074, 1082 (Ct.App.1983); State v. Robinson, 427 N.W.2d 217, 223 (Minn.1988).

This court adopted the middle approach in State v. Griffin, 754 P.2d 965, 969 (Utah App.1988), which was subsequently confirmed by the Utah Supreme Court in State v. Wood, 868 P.2d 70, 85 (Utah 1993); see also State v. Gutierrez, 864 P.2d 894, 901 (Utah App.1993); State v. Sampson, 808 P.2d 1100, 1109 (Utah App.1990). Utah courts have required that a defendant's equivocal assertion of Miranda rights be clarified before interrogation can continue. Nothing more than a "simple[ ] straightforward effort to clarify the request" is required. Wood, 868 P.2d at 84. However, statements that merely acknowledge or reaffirm the defendant's Miranda rights do not serve as clarifying statements. Gutierrez, 864 P.2d at 902.

A defendant may waive his Miranda rights. However, the state bears the onerous burden of establishing a valid waiver. A valid waiver "must not only be voluntary, but must also constitute a knowing and intelligent relinquishment or abandonment of a known right or privilege." Edwards, 451 U.S. at 482, 101 S.Ct. at 1884; Sampson, 808 P.2d at 1108. Furthermore, a defendant who has equivocally invoked his Miranda rights (scenario I) cannot waive those rights until and unless law enforcement officials clarify the defendant's equivocal statement. See Sampson, 808 P.2d at 1113. Otherwise, "authorities through 'badgering' or 'overreaching'--explicit or subtle, deliberate or unintentional--might otherwise wear down the accused and persuade him to incriminate himself notwithstanding his earlier [Miranda ] request." Smith v. Illinois, 469 U.S. 91, 98, 105 S.Ct. 490, 494, 83 L.Ed.2d 488 (1984) (per curiam) (brackets omitted). "[W]hen an accused has invoked his [Miranda rights] during custodial interrogation, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated custodial interrogation even if he has been advised of his rights." Edwards, 451 U.S. at 484, 101 S.Ct. at 1884-85; Wood, 868 P.2d at 83.

After a valid waiver of Miranda rights, a defendant may subsequently reinvoke his Miranda rights (scenario II). Miranda, 384 U.S. at 444, 86 S.Ct. at 1612. Because Miranda stated that the defendant may invoke his rights "in any manner, at any time prior to or during questioning," Id. at 473-74, 86 S.Ct. at 1627 (emphasis added), Utah courts have not previously distinguished between equivocal invocation of Miranda rights that come before a valid waiver (scenario I) from those that come after a valid waiver (scenario II). Gutierrez, 864 P.2d at 894. Under either scenario, police are required to cease questioning except for the limited purpose of clarifying the defendant's equivocal request. Id.

In the present case, the trooper properly apprised defendant of his Miranda rights. When the trooper asked defendant if he understood those rights, defendant responded, "Yes." Thereafter, the trooper...