Earlier this month, a state appellate court issued a written opinion in an Arizona drug case discussing under what circumstances a defendant’s un-Mirandized statement made to law enforcement should be suppressed. Because the court concluded that the defendant was not in custody at the time she made the statement, it was not suppressible and was properly admitted at trial.
The Facts of the Case
According to the court’s opinion, the defendant was riding as the front-seat passenger in an SUV that was traveling through a border-crossing checkpoint. As the driver pulled into the checkpoint, the border-crossing agent’s drug-detection dog alerted to the vehicle. The agent directed the driver to pull over into the secondary screening area.
Evidently, once in the secondary screening area, law enforcement learned that the vehicle belonged to the defendant’s husband. The agent asked the defendant for permission to search the vehicle, and the defendant consented to the search. The agent’s dog hopped into the vehicle and alerted to a purse and then to two bags in the rear of the SUV. The defendant told the agent that the bags were hers. Inside the bags, the officer discovered several items she believed to be drug paraphernalia. The defendant was arrested and charged with possession of drug paraphernalia.