Background

• Meriwether was in a blue Buick in a parking lot investigated for narcotics activity; Sergeant Strehle approached Meriwether, smelled burnt marijuana, and Meriwether stated there was marijuana in the car.
• Two additional officers arrived; a metal tray, ashtray, baggie of green leafy substance (marijuana), and a pipe were seen in the open driver’s door area of the vehicle.
• Meriwether was handcuffed and arrested after the officer observed the marijuana paraphernalia.
• Meriwether moved to suppress the bag of marijuana and pipe; the trial court denied, finding the items in plain view.
• A jury convicted Meriwether of Class A misdemeanor possession of marijuana and Class A misdemeanor possession of paraphernalia; the court also enhanced the paraphernalia conviction to a Class D felony due to a prior conviction.
• On appeal, Meriwether challenged admission of his statement about marijuana in the vehicle and the seized items; the appellate court affirmed the admission, holding Meriwether was not in custody for Miranda purposes.

Issues

Key Cases Cited

• Loving v. State, 647 N.E.2d 1125 (Ind. 1995) (custody and Miranda analysis; objective circumstances control)
• Jones v. State, 655 N.E.2d 49 (Ind. 1995) (not in custody during police questioning)
• Meredith v. State, 906 N.E.2d 867 (Ind. 2009) (factors for custody include restraint and duration)
• Moore v. State, 669 N.E.2d 733 (Ind. 1996) (contemporaneous objection required to preserve suppression claim)
• Weaver v. State, 556 N.E.2d 1386 (Ind. Ct. App. 1990) (premise that new grounds on appeal waived if not raised at trial)
• State v. Hawkins, 766 N.E.2d 749 (Ind. Ct. App. 2002) (probable cause to search when odor of burnt marijuana detected)