Lawwly

State v. Tuttle

South Dakota Supreme Court

650 N.W.2d 20 (2002)

Relevant factsFree

After a stabbing was discovered at his grandmother's mobile home, 18-year-old Thomas Tuttle (defendant) was brought in for questioning, where Detective Openhowski told him his report could either "make things look good" or say Tuttle was "being a real jerk about it" for not cooperating; Tuttle, weeping, then confessed to the stabbing. He was convicted of aggravated assault based largely on that confession and the testimony of the victim, and he appealed the denial of his motion to suppress the confession.

IssueFree

Whether a law enforcement officer violates a suspect's Fifth Amendment rights by informing the suspect that a failure to cooperate will be passed along to a prosecutor or judge.

Unlock the full brief

Free accounts read 20 full briefs. No card required.