Criminal Procedure — right to remain silent — compulsion

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Wisconsin Supreme Court

Criminal

Criminal Procedure — right to remain silent — compulsion

Where a defendant cannot produce a form stating that his statements to his probation agent could not be used against him in a criminal case, the statements were admissible.

“The defendant has failed to meet his burden to prove that his initial, oral statements were compelled. Neither the circuit court nor this court can consider the Department of Corrections form that the defendant claims advised him that his incriminating statements cannot be used against him in criminal proceedings.  The form is not in the record.  The parties did not agree about its existence, the details of its use, or the defendant’s knowledge of its contents before the defendant made his oral admissions.”

“The defendant has failed to put sufficient evidence into the record to show that the rules of his probation rendered his incriminating statements compelled.  No documents, no testimony, and no undisputed, agreed-upon facts by the parties are in the record to evidence any compulsion of the defendant to admit possession of child pornography to his probation agent.”

“Because there is not sufficient evidence in the record to show compulsion, we affirm the decision of the court of appeals, which affirmed the circuit court’s order denying suppression of the statements and the judgment of conviction.”

Affirmed.

2009AP2916-CR State v. Sahs

Abrahamson, C.J.

Attorneys: For Appellant: Rosen, Mark S., Waukesha; For Respondent: Loebel, Karen A., Milwaukee; Larson, Sarah K., Madison