2010AP505-CR State v. Martin

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Criminal Procedure
Miranda warnings

Randy L. Martin appeals the judgment convicting him of being a felon in possession of a firearm and for carrying a concealed weapon. He also appeals the orders denying his motion to suppress evidence and his motion for reconsideration. Martin argues that the trial court erred in denying his motion to suppress statements he made to police because: an officer asked him questions likely to elicit incriminating responses while he was in police custody without giving him his Miranda warnings; the conversation between Martin and police was an “interrogation” for Miranda purposes even if Martin initiated it; and the resulting error was not harmless. Martin additionally argues that the trial court erred in denying his motion to suppress the handgun found in his car shortly after his arrest because it resulted from an unconstitutional, warrantless search. We affirm. Not recommended for publication in the official reports.

2010AP505-CR State v. Martin

Dist I, Milwaukee County, Martens, J., Curley, P.J.

Attorneys: For Appellant: Lichstein, Byron C., Madison; For Respondent: Loebel, Karen A., Milwaukee; O’Brien, Daniel J., Madison

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