Anchorage v. Erickson
In Anchorage v. Erickson, 690 P.2d 20, 21 (Alaska App. 1984) the motorist, while en route to the police station for a breath test, asked the police "whether he was in trouble and whether he might need an attorney."
The police officer explained that she could not give Erickson legal advice. Later, Erickson moved to suppress, alleging a Copelin violation. At the evidentiary hearing, Erickson conceded that he had not actually asked to contact an attorney.
The district court found that Erickson had not invoked the right. The Court agreed, concluding that the finding was not clearly erroneous.
In Anchorage v. Erickson, the defendant was being driven to the police station for a breath test, and he asked the officer "whether he was in trouble and whether he might need an attorney."
Erickson admitted on cross-examination that he had not actually asked to contact an attorney.
The Court upheld the trial court's finding that Erickson's comment was not an affirmative request to speak with an attorney. (Id. at 22.)