State v. Hassel

1. Richard Hassel appeals a judgment of conviction for arson and an order denying his post-conviction motion for reconsideration of the court's earlier decision to deny his motion to suppress. Hassel had filed the suppression motion claiming that police had obtained his inculpatory statements in violation of his Miranda right to remain silent. See Miranda v. Arizona, 384 U.S. 436 (1966). We conclude there was no Miranda violation, so the court properly denied the motions. Accordingly, we affirm the judgment and order. Background 2. On May 7, 2002, around 7:30 p.m., sheriff's investigator David Hake and New Richmond police chief Mark Samelstad spoke to Hassel at his home about recent fires. Several times, Hassel told the officers ""I can't talk to you."" Hake testified that he did not consider this an invocation of Hassel's Miranda rights, since the parties mutually continued conversing. ""He asked us questions and we asked him."" Hake further testified that he did not read Hassel his Miranda rights since Hassel was not in custody at that time. At the conclusion of the conversation, Hake and Samelstad arrested Hassel, taking him to jail. Hake told him that they would be back to talk to him the next morning.