People v. Milham

In People v. Milham (1984) 159 Cal.App.3d 487, defendant was involved in a car accident that resulted in the death of two of his passengers. (Milham, supra, 159 Cal.App.3d at pp. 492-493.) At the scene, an officer approached defendant and asked whether he was involved in the accident. (Id. at p. 499.) Defendant stated he had been driving the car and he was worried he had killed his wife. (Ibid.) The officer asked how the accident had happened. (Ibid.) Defendant answered he thought he had "blacked out." (Ibid.) A jury convicted him of driving under the influence. (Id. at p. 492.) On appeal, defendant argued the trial court should have excluded his statements to the officer because the officer did not advise him of his Miranda rights. (Id. at p. 499.) The Milham court disagreed, explaining the "general on-the-scene questioning" did not present a Miranda violation. (Id. at p. 500.) The court noted the responding officer had no indication that a crime had been committed. (Ibid.) The court also reasoned that although the officer asked defendant questions, the officer's "suspicion of criminality" had not yet focused on defendant. (Id. at pp. 500-501.) Finally, defendant was not in police custody at the time of the questioning. (Id. at p. 501.)