STATE v. FASCHING

Crim. No. 890196.

453 N.W.2d 761 (1990)

The STATE of North Dakota, Plaintiff and Appellant, v. Julie Ann FASCHING, Defendant and Appellee.

Supreme Court of North Dakota.

March 27, 1990.


Attorney(s) appearing for the Case

Allen M. Koppy (argued), States Atty., Mandan, for plaintiff and appellant.

Vinje Law Firm, Bismarck, for defendant and appellee; argued by Ralph A. Vinje.


MESCHKE, Justice.

We consider whether custodial interrogation without a Miranda warning requires suppression of all evidence, testimonial and non-testimonial. We hold that only testimonial evidence must be suppressed. Therefore, we reverse the trial court's suppression of all evidence gathered after the custodial interrogation began.

At 12:26 A.M. on January 1, 1989, Morton County Deputy Sheriff Duane Snider observed a car accelerate rapidly onto Interstate...

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