Chavez-Ortega v. State

The defendant was "in custody" when he invoked his right to remain silent, but the police nonetheless continued to question him, which led to the incriminating statements that the trial court improperly declined to suppress at the defendant's trial.

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Jonathan Chavez-Ortega has been charged by accusation with driving under the influence of alcohol, reckless driving, and racing. We granted Chavez-Ortega’s application for interlocutory review of an order denying a motion to suppress his custodial statements. Because we find that Chavez-Ortega was in custody when he invoked his right to remain silent, but that the police nonetheless continued to question him which led to the incriminating evidence which he seeks to suppress, we reverse the trial court’s denial of Chavez-Ortega’s motion to suppress.

Three fundamental principles must be followed when conducting an appellate review of a motion to suppress. First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and her findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support them. Second, the trial court’s decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court’s findings and judgment. . . . Where the issue turns on the question of whether a trial court committed an error of law in granting a motion to suppress, we apply a de novo standard of review.

Chavez-Ortega v. State

The defendant was "in custody" when he invoked his right to remain silent, but the police nonetheless continued to question him, which led to the incriminating statements that the trial court improperly declined to suppress at the defendant's trial.

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