Miranda Warnings – Motion to Suppress

By: Derek Hawkins//August 12, 2020//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Brian Vincent Rotolo

Case No.: 2019AP2061-CR

Officials: NEUBAUER, C.J.

Focus: Miranda Warnings – Motion to Suppress

Brian Vincent Rotolo appeals from a judgment convicting him of possession of tetrahydrocannabinols (THC) and of drug paraphernalia, and he challenges the denial of his motion to suppress statements he made to police and evidence obtained from his car. Rotolo was questioned by police after his store manager heard him talking to other employees about using and selling drugs, and Rotolo eventually admitted that he had THC and paraphernalia in his car, and he consented to a search of the car. We conclude that when Rotolo made the statements and gave consent, he was not in custody requiring Miranda warnings, but was instead temporarily detained while the police investigated the drug-related claims. We therefore 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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