Motion to Suppress – Miranda Waiver

By: Derek Hawkins//April 3, 2019//

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WI Court of Appeals – District IV

Case Name: Marquette County v. Christopher Patrick Bray

Case No.: 2018AP665

Officials: SHERMAN, J.

Focus: Motion to Suppress – Miranda Waiver

Christopher P. Bray appeals from a judgment of conviction for operating while intoxicated (OWI), first offense, contrary to WIS. STAT. § 346.63(1)(a). Bray contends that the circuit court erred in denying his motion to suppress evidence, which included statements made by him during a traffic stop on the basis that he was not provided a warning required by Miranda v. Arizona, 384 U.S. 436 (1966) before he made the statements he claims should have been suppressed. The circuit court concluded that Bray was not in custody when Bray made the statements and, therefore, no warning was required under Miranda. I agree and affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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