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Lewellyn v. State5/26/1999
rarely private -- constant ingress and egress from doctors, nurses, other hospital personnel, emergency responders, concerned family and friends is the norm."
Although we will uphold Judge Wood's factual findings unless they are clearly erroneous, we decide de novo whether to uphold his Conclusion that Lewellyn's expectation of privacy was not one that society would recognize as reasonable. We agree with Judge Wood's Conclusion. Based on the public nature of the emergency treatment room, the fact that the treatment room had not been reserved for Lewellyn, and Lewellyn's status as a patient who was to be treated and released, we conclude that Lewellyn did not have a reasonable expectation of privacy in that area of the hospital. Accordingly, we conclude that there was no violation of Article I, Section 14 of the Alaska Constitution.
Custodial interrogation
Lewellyn next contends that he was subject to custodial interrogation when contacted by Officer Buchanan in the hospital and that Officer Buchanan should have given him Miranda warnings. Because Officer Buchanan did not give those warnings, Lewellyn contends that his statements should have been suppressed.
However, Judge Wood found that a reasonable person in Lewellyn's position would have believed they were free to leave or break off questioning. Judge Wood found that Officer Buchanan went to the hospital initially to serve Lewellyn with a citation for the original traffic accident. While there, Officer Buchanan asked Lewellyn if he would answer some questions about the accident. Lewellyn agreed. During this contact, Buchanan noticed the smell of alcohol and Lewellyn's slurred speech. Judge Wood also found that there was nothing in Buchanan's demeanor or statements when he contacted Lewellyn that would have made a reasonable person believe that they were not free to break off questioning, or to ask Buchanan to leave. During this contact, Buchanan found probable cause to arrest for DWI.
Lewellyn argued in the trial court that he felt he could not leave because he thought that the hospital would not let him go. But Judge Wood found that Lewellyn did not identify anything that Officer Buchanan did to make him believe that he could not break off questioning. Viewing the record in the light most favorable to upholding the district court, we conclude that Judge Wood's finding is not clearly erroneous. Therefore, we reject Lewellyn's Miranda violation claim.
Compliance with Intoximeter testing procedures
Lewellyn contends that Buchanan did not substantially comply with the required Intoximeter testing procedures. Under Alaska law, police must substantially comply with the fifteen-minute observation period. Judge Wood considered the testimony of Officer Buchanan, two expert witnesses, and Lewellyn. Judge Wood also watched the videotape of Lewellyn's waiting period and Intoximeter testing.
Judge Wood concluded that Officer Buchanan had substantially complied with the testing procedures. Based on our review of the record, we conclude that Judge Wood's findings are not clearly erroneous.
Waiver of the independent test
Finally, Lewellyn contends that he did not waive his right to an independent chemical breath test because his injuries prevented him from understanding what he was doing when notified of this right. After watching the videotape and listening to testimony, Judge Wood found that Officer Buchanan had read and informed Lewellyn of this right, that Lewellyn had signed the form indicating that he did not want an independent test, and that throughout the process there was nothing to indicate that either the accident or the alcoho
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