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State of Iowa
State of Iowa
Attorneys for Appellee
Louis S. Sloven Assistant Attorney General
Attorneys for Appellant
Tammy Gentry and Gina Messamer
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Vaitheswaran, P.J. (23 pages)
The State appeals the suppression of all statements defendant, Gowun Park, made to officers at her condominium and in subsequent police interviews. The State argues (1) Park was not in custody while at her condominium; (2) Park validly waived her Miranda rights during the first station interview; (3) detectives did not make improper promises of leniency during the first interview; and (4) even if improper promises of leniency were made, they did not taint Park’s statements in her second, third, and fourth interviews. OPINION HOLDS: (1) Park was not in custody at her condominium so her statements should not have been suppressed, (2) Park did not voluntarily waive her Miranda rights during her first interview, (3) detectives made improper promises of leniency to Park during the first interview, and (4) the taint from the first interview carried over to the remaining three interviews.