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Solis v. State5/12/1993
Appellant Antonio Solis appeals from the district court's order denying his motion to suppress statements he made to the police. Appellant, a Mexican national, claims that his statements should have been suppressed because he was advised of his Miranda rights in English rather than in his native Spanish.
We affirm.
Appellant states the issue as follows:
The Defendant's statements should have been suppressed because:
(1) he was the subject of custodial interrogation, and
(2) the record does not demonstrate a valid waiver.
On November 17, 1991, Steven Rozier and Kevin McGrath, detectives for the Gillette Police Department, were dispatched to High Plains Pawn & Trading Co. to investigate a burglary. Several guns, jewelry, and some change were missing. The burglar apparently used a motor vehicle with a spare tire mounted on the front to push in the shop's rear door. The door contained a visible imprint of the tire as well as indentations made by the bolts used to affix the vehicle's license plate. While investigating the burglary, Detective McGrath observed a Chevrolet Blazer with a tire mounted on its front parked in front of the nearby Goings Hotel . The Blazer's spare tire matched the markings on the shop's rear door, and the studs used to affix the Blazer's license plate holder matched indentations in the door.
The desk clerk at the Goings Hotel informed the detectives that Appellant owned the vehicle and that he could be found in room 61. The detectives knocked on Appellant's door, and he answered it. Detective Rozier displayed his badge and explained that they wanted to talk to him about a burglary. Appellant nodded and stepped back so the detectives could enter his room. The detectives asked Appellant whether he owned the Chevrolet Blazer parked in front of the hotel. Appellant responded affirmatively. After determining that Appellant owned the Blazer, the detectives asked him if he would be willing to accompany them to the police station. Appellant again responded affirmatively. The detectives described Appellant's responses during this time as being a combination of broken English, affirmative nods of the head, and either "yes" or "si." Detective Rozier was under the impression that Appellant could understand his questions.
Detective Rozier advised Appellant of his Miranda rights upon arriving at the police station. Appellant indicated either verbally or by nodding his head that he understood each right. After being informed of his rights, Appellant agreed to answer questions about the burglary. Detective Rozier told Appellant that it was obvious his vehicle had been used in the burglary and that he wanted to know where the stolen property was located. Appellant initially acted as if he did not understand Detective Rozier's questions. Detective Rozier felt that Appellant was playing "games" and that an interpreter might force him to be more cooperative. The detective telephoned a bilingual probation officer to ask for interpretation assistance. The detective canceled his request a short time later because Appellant became more responsive. Appellant told the detectives that the guns were located on a ranch, and he agreed to accompany the detectives to the ranch. Detective Rozier did not know where the ranch was located, but Appellant was able to adequately direct the officers even though it was approximately fifty miles north of Gillette. Once they arrived at the ranch, Appellant directed the detectives to a bed in the bunkhouse where the guns were hidden. Appellant was arrested after the guns were safely retrieved.
Two days later, Detective McGrath, accompanied by the
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