North Dakota v. Hansford

Samuel Hansford appealed a district court's order denying his motion to suppress after a jury found him guilty of gross sexual imposition. At the suppression hearing, the law enforcement agent testified his involvement in the case began when he was called to investigate whether 24-year-old Hansford had sexually assaulted a 16-year-old female who was unconscious at the time. The agent initially made contact with Hansford by going to Hansford's workplace. The agent testified he told Hansford he wanted to interview him but due to privacy issues he did not want to conduct the interview at Hansford's work place. After the agent suggested the interview take place at the police department, Hansford asked if the agent could give him a ride. The agent testified that before giving Hansford a ride, he explained to Hansford that he was not required to come to the police department and that he was not under arrest. Hansford rode unrestrained in an unmarked vehicle to the police station. During the ride, the agent and Hansford engaged in casual conversation. The agent testified that upon arriving at the police department, he and Hansford went into the interview room which was equipped with audio and visual recording capabilities. The agent testified he read a "soft version" of the Miranda warning. When Hansford expressed some confusion, the agent testified he provided Hansford with a card and read him "line for line" each element of the Miranda warning. After going through the card together, the agent testified Hansford acknowledged he understood the Miranda warning. On appeal, Hansford argued incriminating statements were obtained in violation of his Fifth and Sixth Amendment rights. The North Dakota Supreme Court affirmed, concluding Hansford was not in police custody when he made incriminating statements and his statements were voluntary. View "North Dakota v. Hansford" on Justia Law