01-0954 State v. Goetz

By: dmc-admin//December 3, 2001//

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Although told to sit on the couch, this was not a situation where a reasonable person would have considered her freedom of movement to be restrained to the degree associated with a formal arrest.

And, even though defendant was handcuffed following questioning, that cannot operate retroactively to create custody for purposes of Miranda because a reasonable person’s perception at the time of questioning cannot be affected by later police activity.

Reversed and remanded.

Recommended for publication in the official reports.

DISSENTING OPINION: Hoover, J. “I conclude that reasonable people in Goetz’s position would have believed they were in custody.

I therefore would affirm.”

Dist III, Oconto County, Jeske, J., Peterson, J.

Attorneys:

For Appellant: David J. Becker, Madison; Jay N. Conley, Oconto

For Respondent: Nila J. Robinson, Appleton

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