(Download) "Donald Stephan v. State Alaska" by Supreme Court of Alaska ~ Book PDF Kindle ePub Free
eBook details
- Title: Donald Stephan v. State Alaska
- Author : Supreme Court of Alaska
- Release Date : January 06, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
More than five years ago, in Mallott v. State, 608 P.2d 737 (Alaska 1980), we informed Alaska law enforcement officials that "it is incumbent upon them to tape record, where feasible, any questioning [of criminal suspects,] and particularly that which occurs in a place of detention." Id. at 743 n.5 (citation omitted). This requirement (hereinafter the Mallott rule) was again noted in S.B. v. State, 614 P.2d 786 (Alaska 1980), with the observation that an electronic record of such interviews "will be a great aid" when courts are called upon to determine "the circumstances of a confession or other waiver of [a suspects] Miranda rights." Id. at 790 n.9. In a third case, McMahan v. State, 617 P.2d 494 (Alaska 1980), cert. denied, 454 U.S. 839, 70 L. Ed. 2d 121, 102 S. Ct. 146 (1981), the recording requirement was repeated, with the further statement that "if Miranda rights are read to the defendant, this too should be recorded." 617 P.2d at 499 n.11. Today, we hold that an unexcused failure to electronically record a custodial interrogation conducted in a place of detention violates a suspects right to due process, under the Alaska Constitution, and that any statement thus obtained is generally inadmissible.
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