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STATE v. LITTLE

No. 87-630.

421 N.W.2d 172 (1988)

STATE of Iowa, Plaintiff-Appellant, v. Charles William LITTLE, Jr., Defendant-Appellee.

Court of Appeals of Iowa.

January 27, 1988.

Attorney(s) appearing for the Case

John C. Wellman and Robert W. Powers, Office of Citizen Advocate, Des Moines, for defendant-appellee.

Thomas J. Miller, Atty. Gen., Christie J. Scase, Asst. Atty. Gen., and James W. Ramey, Asst. Polk Co. Atty., for plaintiff-appellant.

Heard by OXBERGER, C.J., and DONIELSON and HAYDEN, JJ.

OXBERGER, Chief Judge.

This is a discretionary review action brought by the State seeking reversal of the district court's order sustaining defendant's motion to suppress evidence for an alleged Miranda violation. The primary issue we must decide is whether a request for consent to search constitutes interrogation for Miranda purposes. We hold it does not and reverse.

Our scope of review is de novo. State v. Cook, 330...

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