Miranda Warnings – Motion to Suppress Denied

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Nathan L. Leopold

Case No.: 2019AP2119-CR

Officials: Fitzpatrick, P.J., Blanchard, and Graham, JJ.

Focus: Miranda Warnings – Motion to Suppress Denied

Nathan Leopold appeals a judgment of conviction following his no contest pleas to two offenses: homicide by operation of a motor vehicle, with a detectable amount of restricted controlled substance in his blood; and operating a motor vehicle with a detectable amount of restricted controlled substance in his blood, causing injury. Leopold argues that the circuit court erred when it denied his motion to suppress two sets of oral statements that Leopold made to the same deputy sheriff after Leopold’s vehicle collided with another vehicle, resulting in the death of one person and injuries to another. Leopold claims that each of his two statements was taken in violation of his Fifth Amendment rights. The State acknowledges that Leopold’s statements were made in response to police interrogations. The State also acknowledges that, before Leopold made either set of statements, the deputy did not read to Leopold the warnings regarding constitutional rights that police are required to give before custodial interrogations under Miranda v. Arizona, 384 U.S. 436 (1966). But the parties dispute whether these were custodial interrogations. Thus, the dispositive issue is whether Leopold was in custody within the meaning of Miranda during the interrogations. After considering the totality of the circumstances under governing case law, we conclude that neither of these were custodial interrogations for Miranda purposes. Accordingly, we affirm the circuit court.

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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.