State v. Barnes
State v. Barnes
Opinion
*388 Rico Lamar Barnes ("Defendant") entered an Alford plea to the offense of possession with intent to manufacture, sell, and deliver cocaine and received a suspended sentence. Defendant reserved the right to appeal the trial court's denial of his motion to suppress.
I. Background
In January 2013, Defendant visited his cousin Territon Lewis at Mr. Lewis' home. At the time, both men were on supervised probation. During Defendant's visit, Mr. Lewis' parole officer arrived to conduct a search of the residence. City police officers accompanied the parole officer to provide security during the search. Upon entering the residence, *389 the parole officer found Defendant and recognized him as a probationer, which Defendant confirmed. The officer advised Defendant that he was also subject to the warrantless search because of his probation status, and then placed Defendant in handcuffs "for officer safety." Both Defendant and Mr. Lewis were placed in chairs on the front porch of the residence while officers conducted a search of the residence. Defendant and Mr. Lewis were kept on the porch of the residence, in handcuffs, for approximately forty-five (45) minutes to one hour.
During the search of Mr. Lewis' residence, the parole officer discovered a black leather jacket with what appeared to be crack cocaine concealed in a cigarette pack inside a pocket. After removing the substance from the jacket, the officer stepped onto the porch and asked Defendant and Mr. Lewis who the jacket belonged to. Defendant responded that the jacket was his. The officer then advised Defendant of what she had found inside the jacket, and Defendant stated that he had borrowed the jacket from someone else.
Defendant was charged with possession with intent to manufacture, sell, and deliver cocaine. Defendant filed a motion to suppress his statements made to the parole officer, arguing that the officer failed to advise him of his Miranda rights. The trial court denied Defendant's motion to suppress, concluding that although Defendant was handcuffed during the questioning, he was not "in custody" for purposes of Miranda. Defendant entered an Alford plea, reserving his right to appeal the trial court's denial of his motion to suppress.
II. Analysis
The sole issue on appeal is whether the trial court properly denied Defendant's motion to suppress his statements to the parole officer by concluding that Defendant was not "in custody" for Miranda purposes.
*490 Although Defendant was in handcuffs, we hold that, based on the totality of the circumstances, the trial court correctly concluded that Defendant was not "in custody" for purposes of Miranda when he made the statements. Therefore, we affirm. 1
*390
Both the United States Constitution and the North Carolina Constitution protect a person's privilege against compulsory self-incrimination.
See
U.S. Const. amend. V ; N.C. Const. art. 1 § 23. Regarding this privilege, in its landmark
Miranda
decision, the United States Supreme Court established the rule that statements obtained from a defendant through interrogation
while the defendant is in custody
are inadmissible when the defendant has not first been informed of his constitutional rights.
Miranda v. Arizona,
Whether an individual is "in custody" depends on the context. "Not all restraints on freedom of movement amount to custody for purposes of
Miranda.
"
Howes v. Fields,
--- U.S. ----,
Our Supreme Court has explained that a person is "in custody" for purposes of
Miranda
"when it is apparent from the totality of the circumstances that there is a formal arrest or restraint on freedom of movement of the degree associated with formal arrest."
Garcia,
358 N.C. at 396, 597 S.E.2d at 736.
See
California v. Beheler,
[T]he United States Supreme Court has stressed that the initial determination of custody depends on the objective circumstances of the interrogation, not on the subjective views harbored by either the interrogating officers or the person being questioned. Unless they are communicated or otherwise manifested to the person being questioned, an officer's evolving but unarticulated suspicions do not affect the objective circumstances of an interrogation or *391 interview, and thus cannot affect the Miranda custody inquiry.... [An officer's] unarticulated plan has no bearing on the question [of] whether a suspect was in custody at a particular time; the only relevant inquiry is how a reasonable man in the suspect's position would have understood his situation.
Buchanan,
In the present case, Defendant was clearly restrained when questioned about the jacket. He was seated on his cousin's front porch in handcuffs. And our Supreme Court has recognized that being handcuffed is a circumstance "supporting an objective showing that one is 'in custody[.]' "
Buchanan,
Based on the totality of the circumstances, we conclude that a reasonable person in Defendant's situation, though in handcuffs, would
not
believe his restraint rose to a level of restraint associated with a formal arrest.
See
Buchanan,
We believe this case is distinguishable from
State v. Johnston,
cited by Defendant, in which we held that a defendant was "in custody" for purposes of
Miranda
where the defendant was handcuffed.
State v. Johnston,
Defendant argues that the
purpose
of Defendant's custody changed after officers discovered the jacket and suspected contraband, as evidenced by the testimony of an officer that "the purpose of [her conduct] was to determine who [the jacket] and the contraband belonged to." Defendant contends that this entitled him to
Miranda
protections. However,
Miranda
is limited to
custodial
interrogations. Where the indicia of formal arrest are absent, the fact that "police have identified the person interviewed as a suspect and that the interview was designed to produce incriminating responses from the person are not relevant in assessing whether that person was in custody for
Miranda
purposes."
In re W.R.,
III. Conclusion
Based on the totality of the circumstances, including the fact that Defendant was on probation during the search of Mr. Lewis' residence, we conclude that Defendant was not subjected to a formal arrest or a restraint on his freedom of movement of the degree associated with formal arrest. Therefore, we agree with the trial court that Defendant was not "in custody" for purposes of
Miranda.
Accordingly, the trial court properly denied Defendant's motion to suppress. We note that our decision does
not
stand for the proposition that a person on probation is
never
entitled to the protections
*492
of
Miranda. See
Murphy,
AFFIRMED.
Judges CALABRIA and DIETZ concur.
Whether someone is "in custody" for purposes of
Miranda
is a "mixed question of law and fact."
State v. Garcia,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.