367 S.W.3d 609
Ky. Ct. App.2012Background
- Detectives observed a Nissan Altima with three male passengers; traffic stop followed for seatbelt and turn-signal violations.
- Jones concealed items in his overalls; he admitted to possessing crack cocaine; gave twenty bags of crack cocaine to Detective Hankinson.
- Appellant Butler, front passenger, admitted possession and handed over two large bags of crack cocaine.
- Appellant was indicted for trafficking in a controlled substance in the first degree; suppression motion for Miranda warnings was denied.
- Trial court later ruled that testimony about the location as a high narcotics area was inadmissible; an admonition to the jury followed instead of a mistrial.
- Judgment entered July 22, 2010; court costs and a felony fee were imposed, but later vacated and remanded on indigence grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miranda warnings were required for Butler's statements | Butler | Butler | No custodial interrogation; Miranda not required |
| Whether the high narcotics-area testimony required a mistrial | Butler | Butler | Admonition preserved fairness; no mistrial required |
| Whether the admonition sufficiently cured prejudice from trial evidence | Butler | Butler | Admonition adequate; no reversal for this issue |
| Whether court costs and a felony fee could be imposed on an indigent defendant | Butler | Butler | Costs/fees vacated and remanded; Maynes distinction rejected given circumstances |
Key Cases Cited
- Owens v. Commonwealth, 291 S.W.3d 704 (Ky. 2009) (police may order passengers to exit during ordinary stop)
- Berkemer v. McCarty, 468 U.S. 420 (1984) (degree of coercion during traffic stops; custodial interrogation trigger)
- Smith v. Commonwealth, 312 S.W.3d 353 (Ky. 2010) (free-to-leave test during stop; factors for custodial status)
- U.S. v. Davis, 430 F.3d 345 (6th Cir. 2005) (reasonable suspicion necessary to extend stop)
- Clay v. Commonwealth, 867 S.W.2d 200 (Ky. App. 1993) (admonitions to juries and prejudice mitigation standard)
- Thorpe v. Commonwealth, 295 S.W.3d 458 (Ky. App. 2009) (KRE 403 prejudice considerations and admonitions)
- Maynes v. Commonwealth, 361 S.W.3d 922 (Ky. 2012) (distinguishing indigence for costs vs. counsel; when costs may be imposed)