MLM Counties News. Notices. Need-to-know Information.
The U.S. Supreme Court will not hear a case involving a southwest Missouri man who accused police of violating his Miranda rights during a drunken driving arrest.
Terrell Gaw was convicted of a drunken driving-related charge and sentenced to five years in prison. The Missouri Supreme Court upheld his conviction in May, and the nation’s high court on Monday denied certiorari of Gaw’s appeal, so the state court ruling stands.
According to court documents, Gaw told an officer he owned a truck that had turned over. But he claimed somebody else was responsible for the crash. Sensing that Gaw may be under the influence of alcohol or drugs, the officer asked Gaw to hand over the marijuana. Gaw gave the officer a small baggie of the drug, a move that prompted the officer to handcuff him.
Gaw was ultimately given a breathalyzer test, which revealed a high degree of alcohol, after he was handcuffed. He later admitted he was the driver of the truck. But Gaw wasn’t advised of his Miranda rights against self-incrimination until he was in transit to a police station. He eventually told law enforcement officials he consumed alcohol and smoked marijuana while he was driving.
During his trial, Gaw’s attorney moved to suppress the statement provided to the officer, arguing the patrolman interrogated Gaw in custody and before he was given his Miranda rights. The motion was denied and Gaw was convicted.
In a unanimous decision upholding the conviction, Missouri Supreme Court Judge Zel Fischer wrote that Gaw’s Miranda rights were “violated by the initial series of questions asked after he was arrested.” But, he said, “Gaw’s statements made after his Miranda rights were explained, rendered the earlier violation of Miranda rights harmless.”
