In its sole point of error, the State complains that the trial court abused its discretion in suppressing the evidence of Kendikian's recorded conversation with her husband in a police interview room.
We review the trial court's ruling on a motion to suppress evidence for an abuse of discretion. Long v. State, S. At a suppression hearing, the trial judge is the sole finder of fact and is free to believe or disbelieve any or all of the evidence presented. We give almost total deference to the trial court's determination of historical facts that depend on credibility and demeanor, but review de novo the trial court's application of the law to the facts if resolution of those ultimate questions does not turn on the evaluation of credibility and demeanor.
See Guzman v. If the issue of the propriety of the trial court's suppression of the recorded conversation is a question of law which does not turn on credibility or demeanor, we apply the de novo standard of review. State v. Scheineman , 77 S. The State maintains that there was no expectation of privacy in a police interview room, and that even if Kendikian held that subjective belief, society is not prepared to recognize it as reasonable. We disagree. The Fourth Amendment serves to safeguard an individual's privacy from unreasonable governmental intrusions.
Richardson v. State , S. A defendant may challenge the admission of evidence obtained by governmental intrusion only if she displays a legitimate expectation of privacy in the place invaded. Rakas v. Illinois , U. In determining whether Kendikian had a reasonable expectation of privacy, we must determine whether she exhibited a subjective expectation of privacy and, if so, whether that subjective expectation is one that society is willing to recognize as reasonable.
Smith v. Maryland , U. The latter inquiry is a question of law. Villarreal v. We begin our analysis with Scheineman.
There, the defendant and a co-defendant were arrested and placed in separate interview rooms. The co-defendant asked a deputy if he could speak alone with the defendant.
The deputy agreed, moved the defendant into the room occupied by the co-defendant, and left the two of them alone. The men then discussed their criminal conduct while the officers monitored and recorded their conversation. The defendant argued that the deputy's conduct had "lulled" him into believing that the conversation was private and thereby gave him a legitimate expectation of privacy.
The court of criminal appeals disagreed, observing that a loss of privacy is an inherent incident of confinement, whether in a jail cell or a police station interview room. Noting there was no evidence that the deputy had given the co-defendants any verbal assurance of privacy, the court held that society is not prepared to recognize a legitimate expectation of privacy in a conversation between two arrestees in a county law enforcement building, even if the arrestees are the only persons present and subjectively believe that they are unobserved.
Kendikian argues that the facts here are distinguishable. She and her husband were merely suspects--not arrestees--and came to the station voluntarily. The detectives' conduct in arranging the meeting, placing the two in a private room, closing the door, and knocking before entering created an expectation of privacy.
The video equipment was not visible, nor had the police revealed that the individual statements had been recorded.
While a loss of privacy is an inherent incident of confinement, Kendikian and her husband were not confined; they were free to leave when they pleased. This is a critical distinction. We agree with the trial court's conclusion that the actions of the detectives created an atmosphere such that a reasonable person could believe she had an expectation of privacy.
Under these circumstances, Kendikian had a reasonable expectation of privacy that society is indeed prepared to recognize. See Smith v. We overrule the issue for review and affirm the order of the trial court below. August 28, Your Notes edit none. Cited By 0 This case has not yet been cited in our system. Authorities 6 This opinion cites: Smith v. This collaborative biography is dedicated to tell the story of Candice E.
Kendikian Wensel. Click the to update this introduction with a synopsis or highlights of Candice's life. Share your memories, stories, and photos so that Candice is always remembered. Update bio graphy. What's this? Candice's biography. Kendikian Wensel Most commonly known as.
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Joshua S. Spouse: Joshua S. Add bio. Add friend. Cancel Post. Other Records. Add Candice's birthday or the date she died to see a list of historic events that occurred during Candice's lifetime. Refresh the page for new events. Other Biographies. Other Wensels Edward Lee Wensel. Joyce Hrnicko Wensel. Mayra Rodriguez Wensel. Caren L. Collins Wensel. Julie L. Bean Wensel. Deborra J. Petersen Wensel.
Leslie R. Stribling Wensel. Margaret A. Marling Wensel. Frances J. Avery Wensel. Doris A. Burrow Wensel. Cynthia A. Uletsel Wensel. Christopher J. Lisa J. Mason Wenske. April L. Bagwell Wenske. Kathleen D. Sandles Wensowitch. Kristy D. Crawford Wentrcek. Rebeca Palomares Wentworth. Johanna Bayer Wentworth.
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