People v. JacksonPeople v. Jackson
Ordered that the judgment is reversed, on the law, that branch of the defendant‘s omnibus motion which was to suppress his statements to law enforcement officials is granted, and a new trial is ordered.
The officer parked his patrol vehicle, “nose-to-nose,” at a 90 degree angle with the defendant‘s vehicle. The officer approached the defendant‘s vehicle and smelled a strong odor of unburnt marijuana coming from the defendant‘s vehicle‘s open window. The officer then asked if any of the occupants had “anything illegal.” The defendant, who was seated in the driver‘s seat, produced a small bag containing marijuana. The officer asked the defendant to step out of the vehicle “as he was now under arrest for unlawful possession of marijuana.”
The officer once again approached the defendant‘s vehicle and continued to smell a strong odor of unburnt marijuana. He requested that the other two occupants exit the vehicle. The officer then conducted a search of the vehicle, and discovered two bags of marijuana under the driver‘s seat. The officer approached the defendant and asked if the bags of marijuana were his, and the defendant replied “yes,” and “that‘s all there is.” The officer continued to search the defendant‘s vehicle, whereupon he recovered a gun from a backpack located on the floor of the front passenger area.
The defendant was transported to the police precinct without having yet been advised of his Miranda rights (see Miranda v Arizona, 384 US 436 [1966]). At approximately 2:00 a.m., on January 16, 2010, the defendant was advised of his Miranda rights by a detective. After being advised of his rights, the defendant declined to speak to the detective. Approximately two hours later, while processing the defendant, the arresting officer told the defendant that if no one confessed to ownership of the gun everyone inside the defendant‘s vehicle would be “equally charged.” The defendant requested an opportunity to speak with a detective. At approximately 4:20 a.m., the defendant was advised of his Miranda rights for the second time. Thereafter, in a videotaped statement, the defendant admitted that the gun belonged to him.
The defendant moved, inter alia, to suppress the physical evidence and his statements to the police. After a hearing, those branches of his motion were denied. Thereafter, the defendant was convicted, upon a jury verdict, of criminal possession of a weapon in the second degree and two counts of unlawful possession of marijuana.
Applying this standard here, we find that the evidence presented at the Huntley hearing (see People v Huntley, 15 NY2d 72 [1965]) supports the defendant‘s contention that he was in custody when he admitted to the arresting officer at the scene of the arrest that the two bags of marijuana found under the seat were his. A reasonable person innocent of any wrongdoing would not have believed that he or she was free to leave the presence of the police when he made that statement. Thus, the duty to administer Miranda warnings was triggered prior to his admission to the ownership of the two bags of marijuana.
Further, the defendant‘s statement at the precinct that he was the owner of the gun should have been suppressed as well. When the defendant was given his initial Miranda warnings, he clearly stated that he wished to remain silent, thereby invoking his privilege against self-incrimination under the
The defendant‘s remaining contentions are without merit.
Rivera, J.P., Lott, Roman and Sgroi, JJ., concur.