Nguyen

People v. Nguyen

Good Law
132 Cal. App. 4th 350·2005 Cal. App. LEXIS 1375·2005 Daily Journal DAR 10694·33 Cal. Rptr. 3d 390·2005 Cal. Daily Op. Serv. 7940
Court of Appeal of CaliforniaAugust 30, 2005G033973California2,527 words

Opinion

Opinion

Aronson, J.

Tutram Hai Nguyen was convicted of transporting and possessing for sale methamphetamine and marijuana. Nguyen contends she asserted her right to counsel under Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 ] and its progeny when she attempted to call her attorney during her arrest. Consequently, she asserts police violated her right to an attorney when they later approached her at the station house, obtained her Miranda waiver, and interrogated her about the crime. For the reasons stated below, we affirm.

I

On the evening of May 31, 2003, Buena Park Police Officer Ryan Dieringer stopped a car driven by Ian Craven, defendant’s friend. Defendant sat in the front passenger seat. During the detention, Dieringer decided to impound the car when he learned Craven’s driver’s license had been suspended. The officer found drugs during an impound search, and informed defendant she was under arrest. Ignoring the officer’s order to put her hands behind her back, defendant clutched a cellular phone and announced she intended to call her lawyer. Dieringer explained she could call her attorney from the police station, and again ordered her to put the phone…

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