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Case No. 21-0756

State of Iowa
v.
Gowun Park

The State seeks further review after the court of appeals affirmed the district court’s suppression of all statements made by the defendant during her four interviews with police. The court of appeals found that defendant’s Miranda waiver at the first interview was not voluntary and that the officers made improper promises of leniency which tainted all subsequent interviews.

County:
Dallas

Applicant

State of Iowa

Resisters

Gowun Park

Attorneys for Applicant

Louis S. Sloven

Attorneys for Resisters

Tammy Gentry
Gina Messamer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0756
Date Published:
Jun 15, 2022
Summary

            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.   

Other Information

Date Further Review is Granted:
Aug 29, 2022
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