Suspect can't invoke Miranda before arrest, Wisconsin Court of Appeals holds.

• Date: 23 March 2005
• Author: Ziemer, David
• Published date: 23 March 2005
• Author: Ziemer, David

Byline: David Ziemer

A suspect's invocation of Miranda does not render his subsequent statements inadmissible, if he was not in custody at the time of the invocation, the Wisconsin Court of Appeals held on March 15.

On May 7, 2002, sheriff's investigator David Hake and New Richmond Police Chief Mark Samelstad spoke to Richard Allen Hassel at his home about recent fires. Several times, Hassel told the officers "I can't talk to you."

According to Hake, he did not consider this an invocation of Hassel's Miranda rights, since the parties mutually continued conversing. "He asked us questions and we asked him," Hake testified. Hake further testified that he did not read Hassel his Miranda rights since Hassel was not in custody at that time.

At the conclusion of the conversation, Hake and Samelstad arrested Hassel, taking him to jail. Hake told him that they would be back to talk to him the next morning.

At 9 a.m. on May 8, Hake and Samelstad returned with special agent Michael Van Keuren from the Wisconsin Department of Justice to interview Hassel. The officers indicated they wanted to speak to Hassel about his chemical dependencies and his problem of starting fires. At 9:20 a.m., Hake read Hassel his Miranda rights, and Hassel signed an acknowledgement and waiver form.

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