In The Matter Of K.D.L.

• Decision Date: 19 October 2010
• Docket Number: No. COA09-1653.,COA09-1653.
• Parties: In the Matter of K.D.L.
• Court: North Carolina Court of Appeals

700 S.E.2d 766

In the Matter of K.D.L.

No. COA09-1653.

Court of Appeals of North Carolina.

Oct. 19, 2010.

Appeal by juvenile from order entered 24 August 2009 by Judge Craig Croom in Wake County District Court. Heard in the Court of Appeals 18 August 2010.

Attorney General Roy Cooper, by Assistant Attorney General Amanda P. Little, for the State.

Geeta Kapur, Durham, for juvenile-appellant.

HUNTER, JR., ROBERT N., Judge.

Oliver, ¹ age twelve, appeals the trial court's final order adjudicating him delinquent and entering a level 1 disposition. He argues the trial court erred when it failed to suppress several incriminating statements made while he was being detained by a school resource officer and school officials. When a juvenile gives incriminating statements in the course of custodial interrogation without being afforded the warnings required by Miranda v. Arizona, 384 U.S. 436, 478-79, 86 S.Ct. 1602, 16 L.Ed.2d 694, 726 (1966), and N.C. Gen.Stat. § 7B-2101(a)(2009), and without being afforded his right to have a parent present during interrogation pursuant to N.C. Gen.Stat. § 7B-2101(b)(2009), the denial of his motion to suppress is error. We hold the trial court erred in denying Oliver's motion to suppress.

I. Jurisdiction and Standard of Review

After the trial court entered a final order adjudicating Oliver delinquent and entering a level 1 disposition, Oliver gave oral notice of appeal at his hearing. Therefore, we have jurisdiction over his appeal. See N.C. Gen.Stat. § 7B-2602 (2009) (stating appeal shall be to this Court if a proper party gives oral notice of appeal from a final order at a juvenile hearing); N.C. Gen.Stat. § 7B-2604 (2009) (stating a juvenile is a proper party).

II. Background

This appeal stems from a teacher's discovery of a plastic bag of marijuana on a classroom floor at East Millbrook Middle School in Raleigh. The teacher suspected the marijuana belonged to Oliver and escorted him to Assistant Principal Jewett's office in Building 9. The school resource officer, Deputy Holloway, was contacted by the school's head principal, Mr. Livengood. When Deputy Holloway arrived at the principal's office, he observed Oliver sitting with Principal Livengood who had been questioning Oliver about the incident. Principal Livengood informed Deputy Holloway of what had transpired. The two adults spoke with Oliver before Deputy Holloway briefly left to inspect the classroom where the marijuana was discovered.

Deputy Holloway returned to Principal Jewett's office and took Oliver to his vehicle to be transported to Principal Livengood's office in another building. Deputy Holloway testified that he patted down Oliver to ensure he had no weapons before letting him into the patrol car because there is a history of weapons at the school. Deputy Holloway also testified that he spoke with Oliver while transporting him, offering words of advice and encouragement, but did not ask him any questions. Oliver was not placed in handcuffs.

Principal Livengood questioned Oliver in his office beginning around 9:00 a.m. while Deputy Holloway was in the room. Deputy Holloway testified Oliver first denied the marijuana was his, but when Holloway was in the restroom, Oliver admitted to Principal Livengood it belonged to him. Oliver also revealed he had another bag of marijuana as well as some cash, all of which Deputy Holloway saw on the table when he returned from the restroom. The questioning continued, and Oliver confessed he purchased the marijuana from two other students, Charlie and Bill. Oliver was instructed to wait outside the office. He remained outside the office while Principal Livengood questioned the other two students, but he was not guarded by Deputy Holloway, who remained inside the office. Charlie and Bill quickly admitted to selling a bag of marijuana to Oliver, and apparently left the principal's office.

Principal Livengood brought Oliver back into his office and resumed questioning him with Deputy Holloway present. Deputy Holloway testified that Principal Livengood questioned Oliver for about five or six hours that day because Oliver changed the details of his story several times during the questioning. It appears from the record that Oliver was not permitted to leave for lunch. At around 3:00 p.m., Principal Livengood contacted Oliver's mother to inform her of what had transpired and that Oliver would be suspended. Deputy Holloway left school around that time and testified that, to his knowledge, the principal had not fully concluded matters involving Oliver because his mother had not yet arrived to collect him. Deputy Holloway testified he did not ask Oliver any questions during the principal's investigation. At no point was Oliver read his Miranda rights, nor was he told he was entitled to speak with his parents or have them present during questioning.

On 3 March 2009, Deputy Holloway filed juvenile petitions alleging Oliver committed two offenses: (1) felony possession of marijuana with intent to sell and deliver a controlled substance and (2) selling or delivering a controlled substance. Oliver filed a motion to suppress. Neither Oliver nor the other two children presented evidence during the suppression hearing-only Deputy Holloway testified. The trial court, Judge Robert Rader presiding, denied Oliver's motion to suppress, concluding Deputy Holloway's presence during the principal's investigation did not transform the encounter into custodial interrogation: “[T]he officer never ask[ed any] questions. The officer actually left. At one point they left-they took breaks.... I don't think it would rise to the level of custodial interrogation under the current law. So motion is denied.” Oliver waived his right to a probable cause hearing and stipulated to a finding of probable cause for the offenses.

Pursuant to a plea agreement, the State dismissed the charge of selling or delivering a controlled substance of marijuana and amended the charge of felony possession of marijuana to the lesser offense of misdemeanor possession of marijuana. Oliver entered an admission to one count of misdemeanor possession of marijuana and reserved his right to appeal the denial of his motion to suppress. The trial court, Judge Craig Croom presiding, adjudicated Oliver delinquent and entered a level 1 disposition, placing Oliver on probation for six months. Juvenile appealed from this order.

III. Analysis

Oliver argues the trial court committed reversible error in denying his motion to suppress because he was subjected to custodial interrogation in violation of his Fifth Amendment right against compelled self-incrimination and his statutory rights provided by the North Carolina Juvenile Code. After review, we conclude Oliver's confession should have been suppressed.

A. Standard of Review

[2] [3] Generally, an appellate court's review of a trial court's order on a motion to suppress is strictly limited to a determination of whether its findings are supported by competent evidence, and in turn, whether the findings support the trial court's ultimate conclusion. Where, however, the trial court's findings of fact are not challenged on appeal, they are deemed to be supported by competent evidence and are binding on appeal.... [W]e [then] review the trial court's order to determine only whether the findings of fact support the [conclusions of law]....

State v. Roberson, 163 N.C.App. 129, 132, 592 S.E.2d 733, 735-36 (citations and internal quotation marks omitted). Legal conclusions, including the question of whether a person has been interrogated while in police custody, are reviewed de novo. State v. Greene, 332 N.C. 565, 577, 422 S.E.2d 730, 737 (1992).

Before proceeding further, we note the trial court failed to make explicit findings of fact before denying Oliver's motion to suppress. At the conclusion of the hearing, the court's only remarks were that “the officer never ask[ed any] questions. The officer actually left. At one point they left-they took breaks.” Findings of fact and conclusions of law “are required in order that there may be a meaningful appellate review of the decision.” State v. Horner, 310 N.C. 274, 279, 311 S.E.2d 281, 285 (1984). In State v. Phillips, our Supreme Court provided the following guidance:

When the competency of evidence is challenged and the trial judge conducts a voir dire to determine admissibility, the general rule is that he should make findings of fact to show the bases of his ruling. If there is a material conflict in the evidence on voir dire, he must do so in order to resolve the conflict. If there is no material conflict in the evidence on voir dire, it is not error to admit the challenged evidence without making specific findings of fact, although it is always the better practice to find all facts upon which the admissibility of the evidence depends. In that event, the necessary findings are implied from the admission of the challenged evidence.

300 N.C. 678, 685, 268 S.E.2d 452, 457 (1980) (citations omitted). In Phillips, the trial court failed to make findings of fact before denying the defendant's motion to dismiss. Id. at 685-86, 268 S.E.2d at 457. The Supreme Court concluded that, because no evidence was presented that contradicted the State's witness, the trial court's omission did not constitute reversible error. See id. at 686, 268 S.E.2d at 457.

In a recent unpublished decision where the trial court failed to make findings of fact, we concluded the “record contain[ed] a material conflict in the evidence such that we [could not] presume facts to support the trial court's ruling.” In re J.B., No. COA06-662, 183 N.C.App. 299, 2007 WL 1412457, at *4-5, 2007 N.C.App. LEXIS 1015, at *12 (N.C.Ct.App. May 15, 2007) (unpublished). That case involved testimony both by the interrogating officer and the juvenile. Id. at *4-5, 2007 N.C.App. LEXIS 1015, *11-12. Here, only Deputy Holloway testified, and there was not a material conflict in his testimony. The...