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State v. Wallace7/22/2004
or talked to the side, wasn't looking at our faces, kept playing with his clothes, his pants. And ... it looked like he knew more than what he was telling us."
Officer Adachi testified that he did not feel that he had probable cause to make an arrest yet and that Wallace was free to leave if he wanted. When asked whether Wallace was "crowded or restrained by officers while he [ (Wallace) ] was giving ... his brief report[,]" Officer Adachi replied in the negative, adding "I actually just told him to stand on the side, and we kept doing what we had to do with the vehicle." However, in view of Wallace's nervousness, lack of eye contact, and fidgeting, Officer Adachi made a decision at that point to read Wallace his Miranda rights, using MPD Form 103 (Form 103). The prosecution elicited the following testimony from Officer Adachi regarding Officer Adachi's use of Form 103 in advising Wallace of his constitutional rights:
A. [ (By Officer Adachi) ] I had him fill out his name at the top with his print or typed name of the person warned. I read each line to him out loud. Explained it to him each right. I had him initial the rights. After the right to make--indicate that he understood it. And then I had him sign that he was-- understood his rights.
Q. [ (By prosecutor) ] Okay. Did he express any difficulty understanding the reading of his rights.
A. No.
Q. Did he appear to you to be coherent?
A. Yes. Sir.
Q. Did he have any problems speaking at that point?
A. No.
*1278 Q. And he did sign the understanding of rights [section of Form 103]; is that correct?
A. Yes, sir.
Q. When it came--well, first of all, let me ask you, did he--after informing him of his rights and having him initial those rights and signing that he understood those rights, were you able to determine whether or not he was willing to waive his right to remain silent and speak with you?
A. Yes.
Q. Was he willing to do that?
A. Yes, sir.
Q. And upon his willingness to speak with you and waive his rights to remain silent, did you inquire whether he was willing to sign the waiver of rights portion?
A. Yes, sir.
Q. Was he willing--did he want to sign the portion?
A. At that point, no, he refused to sign. He said he'd still talk to us, but he wasn't signing it.
Q. Did he make any statement why he wasn't going to sign it?
A. He just refused. He didn't want to.
Q Now, his refusal to sign, though, did that affect his willingness to speak with you?
A. No.
Q. And he still continued to speak with you?
A. Yes.
Q. Okay. Even at that point, though, had you determined whether you had enough probable cause to make an arrest at that point?
A. No.
Q. And when you did continue speaking with the defendant, what was the gist of the information he provided?
A. The fact that we had a description of the driver. He fit the description, basic description anyway.[ [FN2]] His actions there at the scene, and suspicious nature that he kept coming towards us and asking about the truck and whatnot. He appeared he had a personal interest in the vehicle.
FN2. Officer Adachi testified that the initial description of the driver of the vehicle was "just a male wearing a baseball cap." Officer Adachi confirmed that Wallace was wearing a baseball cap.
Q. All right. I think I may have not made my question clear.
What statement did he give you after he waived his rights?
A. Oh, he eventually admitted that he was driving the vehicle, and that Jeff was with him in the vehicle.
Q. Okay. And after that basic admission of driving the vehicle, at that point, what did you do?
A. Informed him that he was being placed under arrest and take him into custody.
Q. Okay. And did you inform him that he was being placed under arrest for unauthorized cont
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