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Blank v. State5/19/2000
Appeal from the Superior Court, Third Judicial District, Palmer, Beverly W. Cutler, Judge.
MANNHEIMER, Judge, dissenting.
Laura A. Blank struck a pedestrian, Pennye McDowell, while driving home from a friend's house. Blank did not stop at the scene of the accident. McDowell died from her injuries.
The Alaska State Troopers investigated the accident and ultimately arrived at Blank's residence. During an interview with Blank in his patrol car, Trooper Bill D. Tyler performed a portable breath test on Blank that yielded a result of .082. The grand jury indicted Blank for manslaughter and felony leaving the scene of an injury accident. Blank moved to suppress her interview with Trooper Tyler, claiming that it was custodial interrogation without Miranda warnings. Blank also claimed that the portable breath test was an unauthorized search. Finally, Blank moved to suppress the evidence obtained from the service of two search warrants. Blank claimed that the warrants were based on illegally obtained evidence and on material misstatements of fact by the trooper who applied for the warrants. Superior Court Judge Beverly W. Cutler denied Blank's motions. Because we agree with Blank that the portable breath test was an unauthorized search, we reverse.
Facts and proceedings
On September 26, 1994, Pennye McDowell and Diane Forster were walking on a residential street in a subdivision near Palmer. The paved roadway, edged with a narrow gravel strip, was straight and level. Forster walked on the gravel strip; McDowell on the edge of the road bed. Blank drove up from behind the two and struck McDowell. McDowell's body landed several feet away in a ditch. The impact broke the windshield, the right side view mirror, and the right side passenger's window of Blank's car. Blank did not stop; Forster testified that she "heard the car squealing around the corner" away from the scene.
Blank's husband, Greg Blank, appeared at the scene while troopers were investigating. Mr. Blank told Trooper Tyler that his wife may have been involved in the accident. Tyler and two other officers followed Mr. Blank back to the Blank residence. At the residence, Tyler introduced himself to Laura Blank and told her that he "needed to talk to her about the accident." Tyler suggested that his patrol car was a better place for the interview and Blank went with Tyler to the patrol car.
During the interview, Blank told Tyler that she had two beers at a friend's house before driving home. Tyler administered a portable breath test that registered a blood-alcohol content of .082%. Blank agreed to go to the hospital to have a blood test, but changed her mind at the hospital. Tyler did not arrest Blank.
On September 29, 1994, Trooper Dale G. Gibson, relying on information from Tyler, obtained a search warrant to inspect Blank's car which had been impounded. On October 14, 1994, Tyler obtained a second search warrant for an additional inspection of the car. Blank's indictment for manslaughter and leaving the scene of an injury accident followed.
Judge Cutler denied Blank's pretrial motions to suppress the portable breath test result, the statement to Trooper Tyler and the evidence obtained from the execution of the search warrants. Following a mistrial, Blank was convicted on both counts at her second trial. Judge Cutler imposed a 6-year sentence with 1 year suspended for manslaughter and a suspended 2½-year consecutive term for leaving the scene of the accident. Blank now appeals her conviction.
Discussion
Was Tyler's interview custodial interrogation?
When Tyler arrived at Blank's residence, he
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