Collins v. State

2014 Ark. App. 574

446 S.W.3d 199

Wade COLLINS, Appellant

v.STATE of Arkansas, Appellee.

No. CR–14–77.

Court of Appeals of Arkansas.

Oct. 29, 2014.

Digby Law Firm, Little Rock, by Bobby R. Digby II, for appellant.

Dustin McDaniel, Att'y Gen., by Nicana C. Sherman, Ass't Att'y Gen., for appellee.

Opinion

ROBERT J. GLADWIN, Chief Judge.

Appellant Wade Collins appeals from the Pulaski County Circuit Court's denial of his motions to suppress evidence filed in conjunction with his conditional plea on charges of possession of cocaine with purpose to deliver, possession of drug paraphernalia, possession of marijuana with purpose to deliver, and possession of firearms by a certain person, for which he was sentenced as a habitual offender to 216 months' imprisonment on each charge to be served concurrently. He argues that the officers' failure to provide Miranda warnings prior to his custodial interrogation requires the exclusion of all statements and evidence obtained during the search of his residence and storage units. We affirm.

On December 6, 2012, appellant arrived at his residence while it was being searched by several Little Rock Police Department officers pursuant to a search warrant. After appellant approached the officers to determine what they were doing, a patrol officer asked for his name. After giving his name, but before appellant could leave, an officer said, “Hold him.” Appellant remained on the porch, allegedly not knowing whether he was free to leave, but without asking whether he was required to stay. Patrol officers sat with appellant on his porch until he was questioned by Detective Mark Welborn.

Detective Welborn had been actively investigating appellant prior to December 6, 2012, and as a result, he learned that appellant had sold cocaine and utilized a storage unit related to the sale of this cocaine. Detective Welborn was part of the group of officers searching the residence when appellant arrived. He wanted to search the storage units as well and attempted to get appellant's consent during the initial discussion. Detective Welborn questioned appellant about the existence of a storage unit at the U–Haul facility, and appellant confirmed his rental of a storage unit. Detective Welborn asked to search the unit; appellant agreed, and Detective Welborn directed appellant to get into the back of a patrol car to ride to the storage facility. Appellant was not instructed on whether he was free to leave, and there is no indication that he was permitted to take his own car. It is undisputed that neither Detective Welborn nor any other officer gave appellant Miranda warnings at that time.

Upon arriving at the U–Haul facility, appellant signed a consent form for the search of unit 600. The unit was opened, and no contraband was found. Detective Welborn testified that he gave appellant Miranda warnings at this time; however, the record indicates that he failed to document these warnings in his report despite acknowledging both the relevance and his habit of doing so.

Detective Welborn then instructed an assisting officer to go to the front office and determine whether appellant had any other storage units. Officers learned of a second storage unit, number 556, and confronted appellant about its existence. Appellant confirmed its existence, but, according to him, he initially denied giving consent to search it. Detectives Mark Welborn and Stephen Montgomery, however, testified that appellant consented to the search of storage unit 556. The consent to search also included a written notation for unit 556; however, this notation was not written by Detective Welborn nor was it initialed or signed by appellant. Appellant eventually agreed to open the unit but, according to him, only after Detective Welborn said he would tear off the padlock of the unit if appellant did not open it. Appellant was not told that he could voluntarily leave the storage facility, and officers remained in close proximity to him throughout the search.

Detectives Welborn and Montgomery testified that appellant admitted to having marijuana and cocaine in storage unit 556 before it was opened. Upon the discovery of the drugs, appellant was handcuffed and taken to the police station. Detective Welborn presented appellant with written Miranda warnings at that time. Appellant denied being given Miranda warnings at any time prior to his arrival at the station, and Detective Welborn's position regarding the Miranda warnings was consistent with that of Detective Montgomery, who had assisted Detective Welborn's and had remained within close proximity to appellant throughout the search at the U–Haul facility.

On review of a circuit court's decision on a motion to suppress evidence obtained by a warrantless search, this court makes an independent determination based upon the totality of the circumstances, giving respectful consideration to the findings of the circuit court. Davis v. State, 351 Ark. 406, 94 S.W.3d 892 (2003). Consistent with this standard, this court defers to the superior position of the circuit court to determine the credibility of witnesses and to resolve evidentiary conflicts, but resolves legal questions through an independent determination on the totality of the circumstances. James v. State, 2012 Ark. App. 118, 390 S.W.3d 95. The circuit court is not required to believe the testimony of any witness, certainly not the self-serving testimony of the accused. Bell v. State, 2010 Ark. App. 813, 379 S.W.3d 748. Arkansas's appellate courts have never wavered from the longstanding rule that it is the province of the circuit court to determine the credibility of witnesses. Welch v. State, 364 Ark. 324, 219 S.W.3d 156 (2005). The circuit court's ruling will not be reversed unless it is clearly erroneous. Gonder v. State, 95 Ark.App. 144, 234 S.W.3d 887 (2006). In addition, this court may affirm an order denying a suppression motion for a reason different from that relied upon by the court below. Kimery v. State, 63 Ark.App. 52, 973 S.W.2d 836 (1998).

Appellant argues that the officers' failure to provide Miranda warnings to him prior to the custodial interrogation requires the exclusion of all statements and evidence obtained during the search of his residence and the U–Haul facility. The Fifth Amendment to the United States Constitution provides, in part, that “no person ... shall be compelled in any criminal case to be a witness against himself.”¹ Accordingly, pursuant to the protections of the Fifth Amendment, “preinterrogation warnings are required in the context of custodial interrogations given ‘the compulsion inherent in custodial surroundings.’ ” Yarborough v. Alvarado, 541 U.S. 652, 661, 124 S.Ct. 2140, 158 L.Ed.2d 938 (2004) (quoting Miranda v. Arizona, 384 U.S. 436, 458, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) ). Miranda warnings, therefore, are necessary at the time of a custodial interrogation. Hall v. State, 361 Ark. 379, 206 S.W.3d 830 (2005). In the absence of such warnings, “the [State] may not use statements, whether exculpatory or inculpatory, stemming from the custodial interrogation....” Rhode Island v. Innis, 446 U.S. 291, 297, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980) ; see also Shelton v. State, 287 Ark. 322, 699 S.W.2d 728 (1985) (holding that, once in custody, no interrogation is allowed absent the Miranda warnings and a knowing, voluntary waiver).

In interpreting the parameters of the term “custody,” the United States Supreme Court has stated that

the only relevant inquiry is how a reasonable man in the suspect's position would have understood his situation....

[Stansbury explained 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.” Courts must examine “all of the circumstances surrounding the interrogation” and determine “how a reasonable person in the position of the individual being questioned would gauge the breadth of his or her freedom of action.”]

Yarborough, 541 U.S. at 662–63, 124 S.Ct. 2140 (internal citations omitted); see also Hall, 361 Ark. at 389, 206 S.W.3d at 837. Additionally, in considering “interrogation,” the United States Supreme Court provides as follows:

We conclude that the Miranda safeguards come into play whenever a person in custody is subjected to either express questioning or its functional equivalent. That is to say, the term “interrogation” under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.... A practice that the police should know is reasonably likely to evoke an incriminating response from a suspect thus amounts to interrogation. But, since the police surely cannot be held accountable for the unforeseeable results of their words or actions, the definition of interrogation can extend only to words or actions on the part of police officers that they should have known were reasonably likely to elicit an incriminating response.

Innis, 446 U.S. at 301–02, 100 S.Ct. 1682.

A suspect's voluntary or spontaneous statement, even though made in police custody, is admissible against him. Arnett v. State, 353 Ark. 165, 122 S.W.3d 484 (2003) (holding that it is irrelevant whether the statement, if in fact spontaneous, was made before or after Miranda warnings had been issued, or whether appellant was in custody). However, a statement made while a suspect is in custody is presumptively involuntary. Id. The State bears the burden of proving by a preponderance of the evidence that a custodial statement was given voluntarily and was knowingly and intelligently made. Id. Statements made by a suspect in response to custodial interrogation are inadmissible unless the suspect is given Miranda warnings and intelligently waives those...