By: dmc-admin//August 6, 2001//
Richard Olson appeals a judgment of conviction for possession of cocaine. Olson claims that the court erred by denying his motion to suppress a cocaine bindle because: (1) he was unlawfully detained when officers executed a search warrant; and (2) the surrender of the cocaine bindle to the interrogating officer was an involuntary communication given in violation of Miranda.
We conclude that Olson was lawfully detained. We do agree that the surrender of the cocaine bindle was a communication. However, because there is a factual dispute in the record, we remand to the circuit court to determine whether the surrender of the cocaine bindle was in violation of Miranda or involuntary.
This opinion will not be published.
Dist III, Brown County, Atkinson, J., Peterson, J.
Attorneys:
For Appellant: James L. Fullin Jr., Madison
For Respondent: John F. Luetscher, Green Bay; John P. Zakowski, Green Bay