State v. Zamora

• Decision Date: 20 January 2009
• Docket Number: No. 1 CA-CR 06-0894.,1 CA-CR 06-0894.
• Parties: STATE of Arizona, Appellee, v. Juaquin Romaldo ZAMORA, Appellant.
• Court: Arizona Court of Appeals

202 P.3d 528

220 Ariz. 63

STATE of Arizona, Appellee, v. Juaquin Romaldo ZAMORA, Appellant.

No. 1 CA-CR 06-0894.

Court of Appeals of Arizona, Division 1, Department E.

January 20, 2009.

Terry Goddard, Arizona Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals Section and William S. Simon, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Cory Engle, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

KESSLER, Judge.

¶ 1 Juaquin Zamora ("Zamora") appeals his conviction and sentence for first degree criminal trespass. The only issue on appeal is whether the superior court erred in denying Zamora's motion to suppress evidence. In ruling on a motion to suppress evidence when police conduct a two-stage custodial interrogation, a court must determine whether inadmissible statements made to the police prior to Miranda¹ warnings taint statements made after those warnings or the use of a two-stage custodial interrogation was intended to avoid the purpose of those warnings. Missouri v. Seibert, 542 U.S. 600, 124 S.Ct. 2601, 159 L.Ed.2d 643 (2004); Oregon v. Elstad, 470 U.S. 298, 105 S.Ct. 1285, 84 L.Ed.2d 222 (1985).² The record in this case is insufficient for us to determine whether Zamora made statements to police in response to questioning while he was in custody and prior to his receiving Miranda warnings and, if so, whether this was a two-stage interrogation subject to Seibert or Elstad. Accordingly, we remand this matter for the superior court to clarify the record and supplement its findings and determine whether any or all statements made by Zamora should have been suppressed.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 City of Glendale Police Officers A and H responded to a call that someone was trespassing in a vacant apartment in an apartment complex. When the officers arrived at the vacant apartment, they suspected that someone had broken in because the door frame was damaged. They knocked and announced themselves as police officers and a young girl opened the door to let them in. The officers saw three girls and Zamora inside the apartment. Zamora was alone sitting on the floor in one of the rooms. The two officers split up: Officer H talked to the girls and Officer A talked to Zamora.

¶ 3 For approximately five to fifteen minutes, Officer A asked Zamora general questions to determine whether he had a lawful reason for being in the apartment. Zamora told Officer A that he went to the apartment because he wanted to warn the girls that the police were coming. Zamora also said that he thought that the apartment was a clubhouse, but stayed even after learning it was not. Officer A then asked why he stayed in the apartment if he knew it was not a clubhouse. Zamora replied that he stayed because he was eating, that he had only been there for two or three minutes, and that he wanted to leave. At some point, Zamora stood up and asked to leave, but Officer A told him to sit down. Officer A had to tell Zamora twice to sit down before he complied. Officer A concluded that Zamora was unlawfully in the apartment and placed him under arrest. It is undisputed that up to that point the police had not read Zamora his Miranda rights.

¶ 4 Immediately after making the arrest, Officer A handed Zamora over to Officer H and both officers escorted Zamora to a patrol car. With Zamora secured in the back seat, Officer A left to speak with the property manager and Officer H read Zamora his Miranda rights. When Officer A returned to the car, Officer H told Officer A that he read Zamora his rights, and Zamora affirmed to Officer A that he understood them. Then Officer A asked Zamora to tell him again "what happened today." Zamora said that he had already told Officer H what happened.³ In response, Officer A told Zamora that since he had been advised of his Miranda rights, he needed to re-tell the story. However, it is unclear what Zamora then said to the officers.

¶ 5 Zamora was indicted for criminal trespass in the first degree pursuant to Arizona Revised Statutes ("A.R.S.") section 13-1504(A)(1) (Supp.2008).⁴ Zamora moved to suppress the statements he made to the police officers at the scene, arguing the statements were coerced, but neither party cited or argued Elstad or Seibert. The superior court denied that motion in its entirety. Because it is important for our analysis, we quote from the superior court's explanation and ruling verbatim:

Counsel, based upon the totality of the circumstances of the evidence the Court heard, the Court finds that the defendant was not free to leave from the apartment based on whoever [sic] that was part of investigative detention. Based upon the totality of the circumstances, the Court does find that Miranda applied in the totality at that time. The defendant may not have been free to leave until the officer finished asking him some questions. He was not formally under arrest, and the other indicia or liability [sic] that we look for was not present.

Therefore, I am going to allow the State to use those pre-Miranda Warnings as post Miranda warnings based upon what the officer testified to. The Court does not find that the way the officer phrased the questions is necessarily in and of itself coercive. That if it was, the defendant acknowledged to understanding those rights, and in essence agreed to go forward with the questioning. Therefore, I will allow the State to use those post Miranda statements at [sic] well.

¶ 6 Zamora was convicted of first degree criminal trespass. He received a suspended sentence and three years probation beginning from his discharge from prison for time served under another crime. Zamora timely appealed pursuant to Arizona Rule of Criminal Procedure 31.3. This court has jurisdiction pursuant to Article 6, Section 9 of the Arizona Constitution and A.R.S. §§ 12-120.21(A)(1) (2003), 12-2101(B), 13-4031 (2001), and 13-4033(A)(1),(3) (2001).

ANALYSIS

I. Standard of Review

¶ 7 When reviewing an appeal from a denial of a motion to suppress, we will not reverse except for an abuse of discretion. State v. Cruz, 218 Ariz. 149, 161, ¶ 47, 181 P.3d 196, 208 (2008). We defer to the superior court's factual determinations; however, to the extent its ultimate ruling is a conclusion of law, we review de novo. State v. Box, 205 Ariz. 492, 495, ¶ 7, 73 P.3d 623, 626 (App.2003); State v. Wyman, 197 Ariz. 10, 13, ¶ 7, 3 P.3d 392, 395 (App.2000) (question of whether person has been seized is a mixed question of law and fact). A court may commit an abuse of discretion if it errs in applying the legal test to its findings. Grant v. Arizona Pub. Serv. Co., 133 Ariz. 434, 456, 652 P.2d 507, 529 (1982). We will review "only the evidence presented at the suppression hearing and view it in the light most favorable to upholding the trial court's factual findings."⁵ State v. Fornof, 218 Ariz. 74, 76, ¶ 8, 179 P.3d 954, 956 (App.2008) (citing In re Ilono H., 210 Ariz. 473, ¶ 2, 113 P.3d 696, 697 (App.2005)). We will infer the necessary findings to affirm the superior court, State v. Ossana, 199 Ariz. 459, 461, ¶ 8, 18 P.3d 1258, 1260 (App.2001), although we will do so only if the implied findings do not conflict with the court's express findings. Coronado Co., Inc. v. Jacome's Dep't Store, Inc., 129 Ariz. 137, 139, 629 P.2d 553, 555 (App.1981).

II. Admissibility of the Statements

¶ 8 Zamora claims that the superior court erred in denying his motion to suppress the statements he made before and after the police read him his Miranda rights. We find the superior court record unclear regarding when Zamora was in custody for Miranda purposes and if any of the statements admitted at trial were made while he was in custody, but before he had been given his Miranda warnings. We also cannot determine whether the court applied the proper standard for the admissibility of evidence when two-stage interrogation techniques are employed. Accordingly, we remand for clarification and, if necessary, a new trial.

¶ 9 Police are free to ask questions of a person who is not in custody without having to give the person any warnings under Miranda. Florida v. Bostick, 501 U.S. 429, 434-35, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991); State v. Pettit, 194 Ariz. 192, 195, ¶ 15, 979 P.2d 5, 8 (App.1998).

¶ 10 Once the person is in custody, however, Miranda requires that if the State wants to admit statements the person may make in response to questioning, the police must first inform him of certain constitutional rights. Miranda, 384 U.S. at 444, 86 S.Ct. 1602. Specifically, "[p]rior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed." Id. If the police fail to inform a suspect of his rights before engaging in "custodial interrogation," statements made by the suspect are excluded from evidence at trial unless they are spontaneous. See State v. Smith, 193 Ariz. 452, 459-60, ¶ 32, 974 P.2d 431, 438-39 (1999) (spontaneous statements admissible); United States v. Chipps, 410 F.3d 438, 445 (8th Cir.2005) (same). "Custodial interrogation" is "[q]uestioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." Miranda, 384 U.S. at 444, 86 S.Ct. 1602. Whether a person is in custody is an objective test based on whether "a reasonable man feel[s] that he was deprived of his freedom of action in any significant way." State v. Hatton, 116 Ariz. 142, 146, 568 P.2d 1040, 1044 (1977). "The test is whether, in light of all the circumstances, the police conduct would `have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.'" Wyman, 197 Ariz. at 13, ¶ 7, 3 P.3d at 395 (quoting Michigan v....