IN THE GENERAL SESSIONS COURT FOR BLOUNT COUNTY, TENNESSEE

AT MARYVILLE                           

 

STATE OF TENNESSEE                            )

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v.                                                                  )           CASE NO. T0028053

)

John Davis Lee II                                          )

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DEFENSE MOTION #____

MOTION TO SUPPRESS STATEMENT

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COMES THE DEFENDANT and moves this Honorable Court that the statement of defendant be suppressed. Defendant sets as cause therefor that at the time of de facto arrest, the defendant made certain statements to the arresting officer after the time he was in de facto arrest and without being advised of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). A statement made by the defendant without Miranda, against interest, is inadmissible at trial. State v. Stearns 620 S.W.2d 92 (Tenn. Crim. App. 1981), State v. Williams 657 S.W.2d 405 (Tenn. 1983).

Defendant further cites in support thereof Pennsylvania v. Muniz, 496 U.S. 582, 110 L.Ed.2d 528, 100 S.Ct. 2638 (1990). Mr. Muniz was asked if he knew the date of his sixth birthday. The response was held to be testimonial in nature and incriminating and, therefore, absent a Miranda warning, could not be used against Mr. Muniz. 110 L.Ed.2d 528, p. 550-551. Failure to comply with Miranda renders an admission inadmissible, even if the statement is wholly voluntary. United States v. Charlton, 565 Fed.2d 86 (6th Cir. 1977) certiorari denied 434 U.S. 1070, 98 S.Ct. 1253, 55 L.E.2d 773 (1978).

Respectfully submitted,

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John Lee, pro se

 

CERTIFICATE OF SERVICE

 

I hereby certify that a true and accurate copy of the foregoing was forwarded by U.S. mail, postage prepaid, to Mike Flynn at the Office of the District Attorney General, Blount County Justice Center, 942 E. Lamar Alexander Parkway, Maryville, TN 37804-5002, phone (865) 273-5600.

on this ____ day of _______________, ______.

 

 

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John Davis Lee II, pro se

7486 Chapman Hwy. #104

Knoxville, Tennessee 37920