Archive | Custodial interrogation

RSS feed for this section

State v. Kasparek

State v. Kasparek, 2016 MT 163 (July 12, 2016) (McGrath, C.J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in denying Kasparek’s motion to suppress evidence obtained pursuant to a search warrant, and (2) whether the district court erred in denying Kasparek’s motion to suppress statements he made while in custody.

Short Answer: (1) No, and (2) no.

Affirmed

Facts: In August 2013, Deputy Sheriff Stokes responded to a report of a burglary at a residence in Browning. The owner, Judy Como, had been at work from 7 pm-7 am, and told the officer her house had been burglarized while she was gone. Several items were missing, including her estranged husband Spencer Atchley’s drug test results. The front door showed signs of forced entry.…