In The Matter Of L.I.

• Decision Date: 06 July 2010
• Docket Number: No. COA09-1306.,COA09-1306.
• Citation: 695 S.E.2d 793
• Parties: In the Matter of L.I.
• Court: North Carolina Court of Appeals

695 S.E.2d 793

In the Matter of L.I.

No. COA09-1306.

Court of Appeals of North Carolina.

July 6, 2010.

695 S.E.2d 794

COPYRIGHT MATERIAL OMITTED

695 S.E.2d 795

Appeal by juvenile from orders entered 24 March 2009 by Judge Brian C. Wilks in Durham County District Court. Heard in the Court of Appeals 24 March 2010.
Attorney General Roy Cooper, by Special Deputy Attorney General Mabel Y. Bullock, for the State.

James N. Freeman, Jr., Elkin, for juvenile-appellant.

HUNTER, ROBERT C., Judge.

Juvenile L.I. appeals from the trial court's orders adjudicating her delinquent and ordering a Level 2 disposition. Juvenile's main argument on appeal is that the trial court erred in denying her motion to suppress her statement to the police officer during a traffic stop as well as the contraband seized during the stop. We conclude that juvenile's

695 S.E.2d 796

statement was obtained in violation of her constitutional and statutory rights, and thus the trial court should have suppressed the statement. With respect to the contraband, however, juvenile has made no argument that she was subjected to actual coercion and thus the trial court properly admitted this evidence. Accordingly, we reverse and remand the matter for a new adjudication hearing. Facts

The State's evidence tended to show the following facts: On 19 December 2008, Corporal Raheem Abdul Aleem, with the Durham County's Sheriff's Department, was patrolling the area of a recent robbery when he saw a Toyota 4Runner drive by and the male driver was not wearing his seatbelt. Corporal Aleem activated his blue lights and pursued the vehicle. Corporal Aleem stopped the car, exited his patrol car, and approached the driver's side window. For safety purposes, Corporal Aleem asked the driver to exit the vehicle and walk back toward his patrol car. Corporal Aleem then frisked the driver for weapons and placed him in “investigative detention” while he continued his investigation. Corporal Aleem next asked the front passenger to get out of the 4Runner and frisked him as well.

Juvenile, one of four other passengers in the backseat of the 4Runner, was then asked to get out of the car. Based on his conversation with the front passenger, as juvenile was getting out of the vehicle, Corporal Aleem asked juvenile for the marijuana that he “knew she had.” When juvenile responded, “what marijuana?,” Corporal Aleem stated: “the marijuana I know you have.” Juvenile then turned away and appeared to reach in her pants. When Corporal Aleem tried to see what juvenile was “reaching for,” she responded: “[Y]o, you can't look in my pants.” At this point, Corporal Aleem placed juvenile in investigative detention, handcuffed her, and placed her in the backseat of the patrol car.

While waiting for a female officer to arrive to search juvenile, Corporal Aleem told juvenile that “if you take drugs into the jail[,] it's an additional charge.” Corporal Aleem then called juvenile's school to verify her age. After calling the school, Corporal Aleem “went over to her window” because “she wanted to tell [him] something[.]” Juvenile then told him that the drugs were not in her pants but were in her right coat pocket. Juvenile leaned out of the patrol car, showing Corporal Aleem where the drugs were located. Corporal Aleem got juvenile out of the patrol car, reached inside her pocket, and pulled out a plastic bag containing nine individual bags of “green leafed material and two plastic bags of a powdered substance.” Juvenile's mother arrived at the scene and Corporal Aleem explained to her that he was going to “do [ ] a petition on [juvenile]” and left juvenile in her mother's custody.

A juvenile petition was filed alleging that juvenile was delinquent for possessing marijuana with the intent to sell or deliver. Prior to the adjudication and disposition hearing, juvenile filed a motion to suppress her statements as well as the contraband. During the adjudication phase of the proceedings, defense counsel requested a voir dire to determine the admissibility of the statements and contraband. At the conclusion of the voir dire, the trial court entered an order from the bench denying juvenile's motion to suppress. The trial court subsequently adjudicated juvenile a delinquent juvenile and ordered a Level 2 disposition. Juvenile timely appealed to this Court.

I

Juvenile first contends that the trial court erred in denying her motion to suppress her statement that she had marijuana in her coat pocket. She contends that the statement was obtained as a result of a custodial interrogation conducted in violation of N.C. Gen.Stat. § 7B-2101 (2009) and without her having been advised of her rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

“A trial court's findings of fact following a hearing on the admissibility of a [juvenile]'s statements are conclusive on appeal if supported by competent evidence, even if the evidence is conflicting.” State v. Eason, 336 N.C. 730, 745, 445 S.E.2d 917, 926 (1994), cert. denied, 513 U.S. 1096, 115 S.Ct. 764, 130 L.Ed.2d 661 (1995). The trial

695 S.E.2d 797

court's conclusions of law must be supported by its findings and legally correct, “reflecting a correct application of applicable legal principles to the facts found.” State v. Fernandez, 346 N.C. 1, 11, 484 S.E.2d 350, 357 (1997).

At a suppression hearing, “conflicts in the evidence are to be resolved by the trial court” and the court “must make findings of fact resolving any material conflict in the evidence.” State v. McArn, 159 N.C.App. 209, 212, 582 S.E.2d 371, 374 (2003). Where, however, there is no material conflict in the evidence presented at the suppression hearing, specific findings of fact are not required. State v. Parks, 77 N.C.App. 778, 781, 336 S.E.2d 424, 426 (1985), appeal dismissed and disc. review denied, 316 N.C. 384, 342 S.E.2d 904-05 (1986). “In that event, the necessary findings are implied from the admission of the challenged evidence.” State v. Phillips, 300 N.C. 678, 685, 268 S.E.2d 452, 457 (1980).

The Fifth Amendment of the United States Constitution guarantees that “[n]o person ... shall be compelled in any criminal case to be a witness against himself.” U.S. Const. amend. V. In Miranda, the United States Supreme Court held that the Fifth Amendment requires that, prior to custodial interrogation, a person must be advised

that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.

384 U.S. at 479, 86 S.Ct. at 1630, 16 L.Ed.2d at 726.

In addition to the warnings mandated by Miranda, the General Assembly has established statutory protections for juveniles. See N.C. Gen.Stat. § 7B-2101. Prior to questioning a juvenile in custody, the juvenile must be advised that: (1) “the juvenile has a right to remain silent”; (2) “any statement the juvenile does make can be and may be used against the juvenile”; (3) “the juvenile has a right to have a parent, guardian, or custodian present during questioning”; and (4) “the juvenile has a right to consult with an attorney and that one will be appointed for the juvenile if the juvenile is not represented and wants representation.” N.C. Gen.Stat. § 7B-2101(a)(1)-(4). However, “ Miranda warnings and the protections of N.C.G.S. § 7B-2101 apply only to custodial interrogations.” In re W.R., 363 N.C. 244, 247, 675 S.E.2d 342, 344 (2009).

On appeal, both juvenile and the State predominately focus their arguments on whether juvenile was in custody when she made her statement to Corporal Aleem that the drugs were in her coat pocket. The record indicates, however, that the State, in arguing for the admission of juvenile's statement at the conclusion of the voir dire, did not contend that juvenile was not in custody at the time of her statement or that its evidence was sufficient to support a finding to that effect. Instead, the State argued that Corporal Aleem's “testimony shows that [juvenile] made statements to the officer at this point voluntarily. She decided that she did not want to be charged with taking drugs in a detention facility.” Similarly, the trial court determined that, irrespective of whether juvenile was in custody at the time she made the statement, she made the statement voluntarily:

THE COURT: As far as-as it concerns the statement, the court will find that the juvenile initiated contact with the officer by asking him to come back over that the juvenile wanted to talk to him and therefore was not custodial interrogation, but rather a voluntary statement given by the juvenile at that time.

Although the trial court did not make a finding regarding whether juvenile was in custody at the time of her statement, our Supreme Court has held that “[t]he absence of such a finding ... does not prevent [an appellate court] from examining the record and determining whether [the] defendant was in custody.” State v. Torres, 330 N.C. 517, 525, 412 S.E.2d 20, 24 (1992) accord State v. Hall, 131 N.C.App. 427, 431, 508 S.E.2d 8, 12 (1998) (reviewing whether defendant was in custody for Miranda purposes despite absence of finding on issue), aff'd per curiam, 350 N.C. 303, 513 S.E.2d 561 (1999).

695 S.E.2d 798

In determining whether a person is in custody for purposes of Miranda and N.C. Gen.Stat. § 7B-2101, the “ultimate inquiry” is whether, based on the totality of the circumstances, there was a formal arrest or restraint on...