# State v. Tuttle

> South Dakota Supreme Court · July 31, 2002 · 650 N.W.2d 20

URL: https://www.frixlaw.com/law-library/cases/9515009

## Case

- **Full name:** STATE of South Dakota, Plaintiff and Appellee, v. Thomas John TUTTLE, Defendant and Appellant
- **Court:** South Dakota Supreme Court
- **Decided:** July 31, 2002
- **Citations:** 650 N.W.2d 20; 2002 SD 94; 2002 S.D. LEXIS 108
- **Precedential status:** Published
- **Opinion:** Concurrence by Sabers
- **Judges:** Konenkamp, Amundson, Gilbertson, Sabers, Zinter
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9515009

## Opinion text

SABERS, Justice
(concurring in part and dissenting in part).
[¶ 45.] I concur except that I would also hold that the State has not proven a valid waiver of defendant’s Miranda rights.
[¶ 46.] As indicated in the majority opinion, the “State must show that (1) the relinquishment of the defendant’s rights was voluntary and (2) the defendant was fully aware that those rights were being waived and of the consequences of waiving them.” (citation omitted) (emphasis added). The State has shown neither. In fact, the record shows that the defendant simply wanted to get out of the police department and stated at least five times that he did not want to waive his Miranda rights. The officer knew he was confused about understanding his rights and took advantage of the situation. {See detailed facts and the cases cited in the majority opinion). Tuttle did not knowingly, intelligently, and voluntarily waive his Miranda rights.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9515009. Public record. Not legal advice.