State v. Boyd
Case # A151157
Full Text of Opinion: http://www.publications.ojd.state.or.us/docs/A151157.pdf
Defendant Boyd was taken to a police station on suspicion of murdering his girlfriend. When he got to the station, a Police Officer asked Boyd to take off his bloody boots. Boyd complied, and Officers also took pictures of his injured hand. An Officer tried to swab the injured hand, but Boyd took the swab, swabbed the injury, and then refused to give the swab to the Officer, stating, “You ain’t getting my DNA without my attorney.” Boyd explained that he did not trust the police and government and wasn’t talking to police until he had a lawyer. At that point, Officers arrested Boyd on suspicion of murder. Boyd’s arrest effectively ended the interview. Although the Officers did not ask him any further questions, Boyd continued talking to the Officers, saying that the victim was not actually dead.
After some time had passed, an Officer realized that Boyd had mistakenly been put in a cell that contained running water. Worried that Boyd had washed blood evidence off his hands, the Officer asked Boyd to show the fronts and backs of his hands. Boyd complied and, after a short conversation, requested to talk to the Detective he had originally talked to. The Detective came in, Boyd was read his Miranda rights, and, after stating that he no longer wanted a lawyer, Boyd made incriminating statements to the Detective. Boyd was ultimately convicted of murder, and he now appeals, contending that the Officers coerced him into making additional statements after he invoked his right to counsel. Specifically, he contends that the Officer reinitiated an interrogation when the Officer asked follow-up questions to Boyd’s questions.
The Court of Appeals notes that when the Officer entered Boyd’s cell, all he did was ask to see Boyd’s hands. That request was not a reinitiation of interrogation. The Court also concludes that the rest of the conversation was too generalized to qualify as reinitiation of interrogation. Additionally, the Officer did not open the cell door in an attempt to elicit further information; he merely wanted to see Boyd’s hands.
Furthermore, by the time the Detective arrived at Boyd’s cell, seven hours had passed since Boyd had invoked his right to an attorney. And, the trial court determined that Boyd had knowingly and voluntarily waived his Miranda rights. As such, the trial court did not err in denying Boyd’s motion to suppress his statements, and his conviction is affirmed.