State v. Holman

• Decision Date: 06 December 2016
• Docket Number: No. SC 95613,SC 95613
• Citation: 502 S.W.3d 621
• Parties: State of Missouri, Appellant, v. David K. Holman, Respondent.
• Court: Missouri Supreme Court

502 S.W.3d 621

State of Missouri, Appellant,

v.David K. Holman, Respondent.

No. SC 95613

Supreme Court of Missouri, en banc .

Opinion issued December 6, 2016

Nathan J. Aquino, Attorney General's Office, Jefferson City, for State.

Jason Coatney, Roger C. Jones, Jones & Coatney LLC, Springfield, for Holman.

George W. Draper III, Judge

The state brings this interlocutory appeal, pursuant to section 547.200.1(3), RSMo 2000,¹ after the trial court sustained David K. Holman's (hereinafter, "Defendant") motion to suppress statements he made to police after his arrest. The state claims that Defendant's statements were suppressed improperly because Defendant failed to unequivocally assert his Fifth Amendment right to counsel.

This Court holds that Defendant's Fifth Amendment rights were not violated. Accordingly, the trial court's judgment is reversed, and the case is remanded.

Factual and Procedural Background

In determining whether to sustain Defendant's motion to suppress, the trial court took into consideration the stipulated facts as presented by the attorneys in the case, two depositions, and a police report. There was no live testimony. The facts as presented demonstrated:

In the early morning hours of December 10, 2013, it was asserted that RaDonna Roland (hereinafter, "Wife") shot Defendant in the back of the arm. Defendant fatally shot Wife and thereafter, called 911.

Deputies Ryan Devost (hereinafter, "Deputy Devost") and Michael Thorn (hereinafter, "Deputy Thorn") were dispatched to Defendant's home. Upon arrival, the deputies knocked on the door, and Defendant told them to come inside. Inside, Deputy Devost performed a security sweep of the premises while Deputy Thorn attended to Wife. Deputy Devost handcuffed Defendant and took him to the patrol car.

After paramedics arrived, they first attempted to treat Wife. Deputy Thorn moved Defendant into the ambulance so that he could receive treatment. Defendant was emotional, upset about Wife, and repeating that he could not believe he shot her. Deputy Devost informed Defendant of his Miranda² rights. Defendant continued speaking to Deputy Devost, stating that he could not believe there was not more being done for Wife, that he could not believe Wife shot him, and explaining that he should not have shot Wife but rather should have run away. Deputy Devost requested Defendant sign a consent to search form to search his home. Defendant responded, "I ain't signing shit without my attorney."

Other detectives arrived at the scene. Deputy Devost informed them that Defendant was "in custody. He's been read Miranda . He's refused to sign a search without his attorney." Deputy Devost then departed the scene. Defendant was transported to the hospital for treatment. After being discharged from the hospital, Defendant was taken to the Lawrence County jail.

The next morning, Detective Linda McElroy (hereinafter, "Detective McElroy") questioned Defendant. Detective McElroy read Defendant his Miranda rights and asked if he understood them. Defendant indicated he understood his rights, and he spoke with Detective McElroy. Subsequently, Defendant was charged with first-degree murder, section 565.020, and armed criminal action, section 571.015.

Prior to trial, Defendant brought this motion to suppress statements he made after being read his Miranda rights. The trial court sustained his motion, concluding that after Defendant stated that "I ain't signing shit without my attorney," he had invoked his right to counsel. The state appeals.

Standard of Review

This Court will reverse a trial court's ruling on a motion to suppress only if it is clearly erroneous. State v. Sund , 215 S.W.3d 719, 723 (Mo. banc 2007). To find clear error, this Court must be "left with a definite and firm belief a mistake has been made." State v. Bell , 488 S.W.3d 228, 238 (Mo. App. E.D. 2016) (quoting State v. Haldiman , 106 S.W.3d 529, 533 (Mo. App. W.D. 2003) ). Whether conduct violates the Fifth Amendment is a question of law that this Court reviews de novo . State v. Lammers , 479 S.W.3d 624, 630 (Mo. banc 2016).

Discussion

The state asserts that the trial court erred in sustaining Defendant's motion to suppress the statements he made to the police. The state argues that Defendant did not unequivocally assert his Fifth Amendment right to counsel when he refused to sign the consent to search form. Further, the state maintains that other than refusing to sign the consent to search form, Defendant communicated with the police and never invoked his right to counsel.

The clear issue in this case is whether Defendant invoked his Fifth Amendment right to counsel. This Court must determine whether, after being Mirandized, a suspect can graft a refusal to sign a consent to search onto his Fifth Amendment right to have an attorney present during questioning.

" Miranda rights inform a criminal defendant of his constitutional rights during the interrogation process." State v. Collings , 450 S.W.3d 741, 753 (Mo. banc 2014) (quoting State v. Johnson , 284 S.W.3d 561, 582 (Mo. banc 2009) ). "[A]lthough Miranda warnings must precede ‘custodial interrogation,’ a request for consent to search is not an ‘interrogation’ because giving consent to search is not a self-incriminating statement under the Fifth Amendment." State v. Metz , 43 S.W.3d 374, 382 (Mo. App. W.D. 2001)³ ; see also State v. Baldwin , 290 S.W.3d 139, 144 (Mo. App. W.D. 2009) (stating that Missouri courts "have found that requesting consent to search does not constitute interrogation because a statement of consent is not an incriminating response."); United States v. Payne, 119 F.3d 637, 643–44 (8th Cir. 1997) (" Miranda rights affect the integrity of the truth finding process in a criminal trial, but Fourth Amendment rights go to the right of privacy and to be left alone. As the purposes of the two protections are different, it would be unreasonable to require Miranda warnings before a request for permission to search.").⁴

A criminal suspect is entitled to Miranda warnings once the suspect is subjected to a custodial interrogation. "A custodial interrogation Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) occurs only when the suspect is formally arrested or is subjected to arrest-like restraints." Lammers , 479 S.W.3d at 631–32. "Statements obtained during a custodial interrogation not preceded by Miranda warnings are subject to suppression at trial." State v. Stover , 388 S.W.3d 138, 155 (Mo. banc 2012).

Once a suspect is given Miranda warnings, and if that suspect "indicates in any manner, at any time prior to or during questioning, that he [or she] wishes to remain silent, the interrogation must cease." Miranda , 384 U.S. at 473–74, 86 S.Ct. 1602. Similarly, as in this case, when a suspect claims to have invoked his or her Fifth Amendment right to counsel, the police must suspend all interrogation and may not reinitiate questioning unless counsel is present. Davis v. United States , 512 U.S. 452, 459, 114 S.Ct. 2350, 2355, 129 L.Ed.2d 362 (1994) ; see also Edwards v. Arizona, 451 U.S. 477, 484–85, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981).

To successfully invoke the right to counsel, the suspect's desire to have an attorney present during his or her custodial interrogation must be sufficiently clear so that a reasonable police officer would understand that the suspect is invoking his or her right to have an attorney present during the interrogation. Davis , 512 U.S. at 459, 114 S.Ct. 2350. "If the [suspect's] statement fails to meet the requisite level of clarity for the police officers to understand it to be a request for an attorney, the officers are not required to stop questioning the suspect." State v. Harris , 305 S.W.3d 482, 485 (Mo. App. E.D. 2010). When the suspect makes "an ambiguous or equivocal statement it will often be good police practice for the interviewing officers to clarify whether or not [the suspect] actually wants an attorney." Davis , 512 U.S. at 461, 114 S.Ct. 2350.

At no point in time did Defendant seek to terminate questioning by the police nor did he clearly state that he wanted an attorney. Deputy Devost advised Defendant of his Miranda rights. Defendant indicated he understood his rights. After indicating he understood his Miranda rights, Defendant continued speaking to Deputy Devost. Deputy Devost responded to Defendant's inquiry regarding Wife and the procedure the police were following. Deputy Devost explained they needed to process the scene and, to do that, they needed Defendant to sign a consent to search form. In response, Defendant stated, "I ain't signing shit without my attorney," clearly indicating that he would not sign that form. Deputy Devost told other officers that Defendant would not sign the consent to search form. Deputy Devost then left Defendant and departed the scene. Deputy Devost never questioned Defendant. Based on the circumstances here, a reasonable police officer would not have understood Defendant's statement refusing to sign the consent to search form to be an invocation of his Fifth Amendment right to counsel.

The next day, Detective McElroy sought to interrogate Defendant after again reading Defendant his Miranda rights. Defendant again indicated his willingness to speak with Detective McElroy. Because Defendant did not invoke his right to counsel clearly and unequivocally after being read his Miranda rights by Deputy Devost or Detective MCElroy, Detective McElroy's interrogation of Defendant was proper. See Davis , 512 U.S. at 461, 114 S.Ct. 2350. Defendant never invoked his Fifth Amendment right to counsel. Accordingly, the trial court erred in sustaining his motion to suppress.

However, assuming arguendo , Defendant partially invoked his Fifth Amendment rights by saying, "I ain't signing shit without my attorney," in response to a request to search his home, his right to counsel still was not violated. The mere utterance of the magic word "attorney" in response to a request to search his...