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Dixon v. Commonwealth11/18/2004
oking question. As the United States Supreme Court explained in Pennsylvania v. Muniz, " ecognizing a 'booking exception' to Miranda does not mean, of course, that any question asked during the booking process falls within that exception. Without obtaining a waiver of the suspect's Miranda rights, the police may not ask questions, even during booking, that are designed to elicit incriminatory admissions." 496 U.S. at 602 n.14, 110 S.Ct. at 2750 n.14. This allegation is properly decided pursuant to a motion to suppress the statement. RCr 9.78. The trial court held a suppression hearing and made a finding on the record that the inquiry with respect to Appellant's employment status was "not geared to elicit an incriminating response." That finding of fact is supported by substantial evidence and is, thus, conclusive of the issue. RCr 9.78.
Accordingly, the judgment of conviction and sentence imposed therefor by the Henderson Circuit Court, are affirmed.
All concur.
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