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Henry v Trust Territory [1972] TTLawRp 36; 6 TTR 78 (29 September 1972)

6 TTR 78

ROBINSON HENRY,
and RONNY ICHIRO,
Appellants

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS,
Appellee

Criminal Case No. 378
(District Court Criminal Cases Nos. 7397 and 7398)
Trial Division of the High Court
Palau District

September 29, 1972

Appeal from denial of motions to suppress written confessions. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that confessions made, without counsel, after statement that arrested persons wished police to send for counsel, were admissible as presence of counsel had been validly waived.

1. Arrest - Request for Counsel - Subsequent Statements

An answer of "yes" by an arrested person to question whether he wishes police to send for counsel to come and see him at that time, without more, makes any subsequent statement or confession without presence of counsel inadmissible.

2. Arrest - Request for Counsel - Subsequent Statements

Where arrested persons wrote "yes" to form question whether they wished police to send word at that time for counsel to come and see them, and, in answer to question: "if so, whom do you want us to send for?", wrote a public defender's name, and then wrote that they would see counsel later in court and proceeded to write confessions on a sheet of paper headed " . . . having been advised of my rights . . . (I) make the following statement to the police freely and voluntary . . . ", their confessions were voluntary and there was a valid waiver of counsel.

3. Arrest - Illegal Arrest - Subsequent Statements

An illegal arrest does not, by itself, render a confession subsequently obtained during illegal detention inadmissible at trial.

4. Arrest - Illegal Arrest - Subsequent Statements

Where police, without warrant or having seen the offense, illegally arrested persons for drinking while under age, but had detected liquor on their breath and arrested them at a "drinking bout", confessions made during the illegal detention were admissible.

5. Arrest - Illegal Arrest - Harmless Error

There was no reversible error where illegal arrest did not prejudice arrested persons. (12 T.T.C. § 69)

TURNER, Associate Justice