State v. Foster, 1 CA-CR 16-0338

In May 2014 Foster ran a red light and his vehicle collided with another car, killing both occupants; he was treated at a Yuma hospital and questioned there by two officers for under an hour.
At the hospital Foster admitted using Ambien and marijuana the prior night and said he ran the red light; two days later police executed a search warrant at his home and found marijuana residue and pipes.
The State charged Foster with two counts of second-degree murder, one count of criminal damage, possession of marijuana, and possession of drug paraphernalia.
Foster moved to suppress the Yuma-hospital statements (arguing custodial interrogation and involuntariness) and to exclude gruesome victim photographs; the trial court denied suppression and admitted six photos after Rule 403 balancing.
A jury convicted Foster on all counts; the court imposed concurrent presumptive sentences and ordered restitution to the victims’ daughter and ADOT.
On appeal the court affirmed convictions and sentences but reduced ADOT restitution because of insurance recovery.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Foster was "in custody" in the hospital such that Miranda warnings were required	State: questioning was noncustodial; no formal arrest or coercive restraints	Foster: hospital setting, injuries and officers’ presence made him not free to leave -> custodial	Court: Not custodial — no arrest indicia, officers didn’t restrict medical care or monitor/guard him, and interview <1 hour
Whether Foster's hospital statements were involuntary	State: statements were voluntary and coherent despite pain/medication	Foster: pain, narcotics, intensive care and confusion rendered statements involuntary	Court: Statements voluntary — defendant could speak, did not request counsel or stop, statements coherent and short in duration; Mincey distinguishable
Whether victim photographs should have been excluded as unduly prejudicial	State: photos relevant to collision context, victims’ positions, injuries, vehicle damage and cause of death	Foster: photos gruesome, identity and cause of death not contested, prejudice outweighed probative value	Court: Photos admissible after Rule 403 balancing — not gruesome and probative for accident reconstruction and force of collision
Whether restitution to ADOT should be reduced due to insurance recovery	State: sought full ADOT award	Foster: restitution double-counted insurance recovery	Court: Reduce ADOT restitution to reflect $2,456 insurance payment; new award $4,394.23

Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (Miranda warnings required for custodial interrogation)
Mincey v. Arizona, 437 U.S. 385 (U.S. 1978) (hospital interrogation of seriously wounded, medicated, confused defendant found involuntary)
Howes v. Fields, 565 U.S. 499 (U.S. 2012) (freedom-of-movement test for custody analysis)
Beckwith v. United States, 425 U.S. 341 (U.S. 1976) (custody inquiry focuses on coercive aspects, not whether suspect is target)
United States v. Martin, 781 F.2d 671 (9th Cir. 1985) (hospital questioning typically noncustodial absent police control of treatment/monitoring)
State v. Waller, 235 Ariz. 479 (Ariz. Ct. App. 2014) (abuse-of-discretion review for suppression rulings)
State v. Maciel, 240 Ariz. 46 (Ariz. 2016) (custody analysis and deference to trial court factual findings)
State v. Bocharski, 200 Ariz. 50 (Ariz. 2001) (photograph evidence admissible if relevant; trial court balances prejudice under Rule 403)