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STATE v. SPOTTED ELK

No. 19230-0-III.

34 P.3d 906 (2001)

109 Wash.App. 253

STATE of Washington, Respondent, v. Pamela Faye SPOTTED ELK, Appellant.

Court of Appeals of Washington, Division 3, Panel Two.

As Amended on Denial of Reconsideration December 13, 2001.

Attorney(s) appearing for the Case

William D. Edelblute, Attorney at Law, Spokane, Counsel for Appellant.

Kevin M. Korsmo, Andrew J. Metts, III, Deputy Prosecuting Attorneys, Spokane, Counsel for Respondent.

BROWN, A.C.J.

A jury convicted Pamela Spotted Elk of possessing heroin. On appeal, among other contentions, she argues her incriminating statements should have been suppressed because of a Miranda1 violation. We agree, decide the remaining untainted evidence does not survive a harmless error analysis, and reverse.

FACTS

Police Officer Brad Linn of the Spokane Police Department...

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