State of Montana v. Michael Gene McCollom, 2005 MT 61, 326 Mont. 251

Summary

The Supreme Court of Montana affirmed the denial of Michael Gene McCollom's motion to suppress statements made after his arrest for felony sexual assault. The court held that McCollom did not invoke his right to counsel, knowingly and voluntarily waived his Miranda rights, and made the statements voluntarily under the totality of the circumstances.

Holdings

1. McCollom did not invoke his right to counsel because he made no request to speak with an attorney before or during interrogation; his travel to Montana to consult counsel was not a clear and unambiguous invocation requiring police to delay questioning.
2. McCollom's recorded statements were made after a knowing and voluntary waiver of his rights and were not rendered involuntary by the circumstances of the interrogation.
3. The District Court's findings were supported by substantial evidence and were not clearly erroneous.

Questions Presented

1. Whether McCollom's statements should have been suppressed because his actions and the officer's knowledge of his planned trip to consult an attorney invoked his Fifth and Sixth Amendment right to counsel under the United States Constitution and Article II, Section 24 of the Montana Constitution.
2. Whether McCollom's statements were involuntary because of the timing of the Miranda warning, his having been awake for approximately 30 hours, the interrogation techniques used, and alleged promises of leniency or treatment.

Disposition

affirmed