¶1(dissenting).
¶2It is impossible for me to so readily distinguish this case from State v. Cullison, 215 N.W.2d 309 (Iowa 1974), as does the majority. I also submit the situation here presented is aggravated by the admitted fact that Dr. Randolph was parroting questions submitted to him by police officers in attendance. Additionally, these were the same questions defendant refused to answer when previously interrogated by the same policemen.
¶3Moreover, time of giving the Miranda warnings to defendant is not here of the essence. The setting changed entirely when Dr. Randolph, for some unknown reason, accepted the invitation to shift from his traditional role of a medical practitioner to that of a law enforcement officer, a change totally unknown to defendant. And having elected to act in that guise, Dr. Randolph, of all people, should have given or had the Miranda warnings given to defendant prior to the solicited questioning of him by the doctor. By the same token Dr. Randolph should have ascertained such warnings were fully understood and attendant rights knowingly waived by defendant before undertaking the instantly involved interrogation.
¶4With regard to the foregoing see State v. Cullison, 215 N.W.2d at 314-315; Commonwealth v. Bordner, 432 Pa. 405, 247 A.2d 612, 616-618 (1968).
¶5I would reverse.
¶6MASON, J, joins in this dissent.