CourtListener 4256270•Cain v. State
Gesamter Gesetzestext
Cite as 2016 Ark. App. 398
ARKANSAS COURT OF APPEALS
DIVISION III
No. CR-15-802
KEVIN FAIRL CAIN Opinion Delivered: September 14, 2016
APPELLANT
V. APPEAL FROM THE WASHINGTON
COUNTY CIRCUIT COURT
[NO. CR-2014-1737-6]
STATE OF ARKANSAS
APPELLEE HONORABLE MARK LINDSAY,
JUDGE
AFFIRMED
RITA W. GRUBER, Judge
Kevin Fairl Cain was charged in the Circuit Court of Washington County with
negligent homicide the day after a truck crashed, burned, and resulted in a fatality. The
circuit court denied Cain’s motion to suppress statements he made at the scene to Corporal
Jason Davis of the Arkansas State Police, in which Cain admitted that he was the driver and
had recently consumed alcohol and prescription drugs. Cain was convicted in a jury trial and
was sentenced as a habitual offender to forty years’ imprisonment in the Arkansas Department
of Correction. He now appeals, contending that the denial of his motion to suppress was
error and arguing that his statements were inadmissible because they were custodial and he
had not been advised of his Miranda rights. We affirm.
We will reverse a circuit court’s ruling on a motion to suppress only when it is clearly
erroneous. Collins v. State, 2014 Ark. App. 574, at 4, 446 S.W.3d 199, 203. Custodial
Cite as 2016 Ark. App. 398
interrogation has been defined as the questioning initiated by law enforcement officers after
a person is taken into custody or otherwise deprived of action in any significant way. State
v. Spencer, 319 Ark. 454, 457, 892 S.W.2d 484, 485 (1995) (citing Miranda v. Arizona, 384
U.S. 436, 444 (1965)). A person is “in custody” for purposes of Miranda warnings when he
or she is “deprived of his freedom by formal arrest or restraint on freedom of movement of
the degree associated with a formal arrest.” Hall v. State, 361 Ark. 379, 389, 206 S.W.3d 830,
837 (2005) (citing Wofford v. State, 330 Ark. 8, 28, 952 S.W.2d 646, 656 (1997)). The
Miranda safeguards become applicable as soon as a suspect’s freedom of action is curtailed to
a degree associated with formal arrest. Spencer, 319 Ark. at 457, 892 S.W.2d at 485 (citing
Berkemer v. McCarty, 468 U.S. 420 (1984)).
At the suppression hearing, Corporal Davis testified to events that occurred on the
evening of August 27, 2014. He received a call about a burning vehicle, drove to the rural
crash scene, and arrived around midnight—about an hour after the crash had occurred. Cain
was standing on the roadside with sheriff’s deputies and paramedics who were administering
medical treatment to him. He had a large laceration on his face. First responders told Davis
that Cain had wandered away—“down the road a little”—but had returned on his own to the
scene of the crash. Davis turned his attention to Cain after learning that a crash victim,
Danielle Bishop, was deceased.
Davis further testified that investigating the crash was his responsibility and that sheriff’s
deputies simply kept traffic away and secured the area. Davis stated, “I questioned [Cain] and
he admitted he was the driver of the vehicle. I also asked him if he had consumed any alcohol
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and he said he had a few beers.” Davis testified that he did not arrest Cain, that Cain was not
handcuffed or placed in the patrol car, that “because he was part of a traffic crash . . . he had
to stay to give information on the crash,” and that he was “detained” while Davis was asking
questions and trying to identify the driver. No one from law enforcement accompanied Cain
when the decision was made to transport him by ambulance to a hospital, where his blood
sample was taken shortly after arrival. Davis testified that a reason for taking the sample,
besides there being a requirement to test the blood or urine of a person involved in a fatal
accident, was that Davis suspected intoxication. Cain spent the night in the hospital. The
next day, after being medically released from the hospital, he was arrested at Davis’s request.
Cain and the State repeat on appeal the arguments they made below, where Cain
contended that his statements should have been suppressed because he made them while in
custody without being Mirandized. He argued that this was not a routine traffic stop, that
leaving the scene of a personal-injury accident is a felony, that knowledge of the law is
presumed, and that—for Fifth Amendment and Miranda purposes—a reasonable person in his
shoes would not have believed he was free to leave. Citing Berkemer v. McCarty, 468 U.S. 420
(1981), the State responded that this was an investigation rather than an in-custody
interrogation and that the statements were admissible. In Berkemer, where a motorist was
detained after a traffic stop but not arrested, his statements in answer to roadside questioning
without Miranda warnings were admissible. Here, the circuit court rejected Cain’s argument
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that he was presumed to know the law because he cited no authority to support his position,1
and it found that his statements were admissible under Berkemer.
The only relevant inquiry to determine whether a suspect was in custody at a particular
time is how a reasonable man in the suspect’s shoes would have understood his situation. Hall
v. State, 361 Ark. 379, 389, 206 S.W.3d 830, 837 (2005). Whether a suspect is in custody is
“an objective inquiry.” J.D.B. v. North Carolina, 564 U.S. 261, 270 (2011) (citations and
quotations omitted). The initial determination of custody depends on objective circumstances
of the interrogation, not subjective views harbored by the interrogating officers or the person
being interrogated. Hall, 361 Ark. at 389, 206 S.W.3d at 837. A Miranda warning is required
only when a suspect is subject to custodial interrogation. E.g., Hall, 361 Ark. at 388, 206
S.W.3d at 836. For purposes of Miranda, a suspect is in custody when there is “a formal arrest
or restraint on freedom of movement of the degree associated with formal arrest[,]” such that
a reasonable person would not have felt free to leave. J.D.B., 564 U.S. at 270. To determine
whether freedom of movement has been restrained so as to amount to custody, all of the
circumstances must be examined—including the location and duration of questioning, the
presence or absence of physical restraints during questioning, the statements made, and the
release of the person when the questioning ends. E.g., Howes v. Fields, 565 U.S. ____, 132
S. Ct. 1181, 1189 (2012).
“Custody,” for purposes of Miranda, “is a term of art that specifies circumstances that
1
See Owens v. State, 354 Ark. 644, 665, 128 S.W.3d 445, 458 (2003) (noting that
“every person is presumed to know the law”).
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are thought generally to present a serious danger of coercion.” Howes, 132 S. Ct. at 1189; see
also, e.g., Maryland v. Shatzer, 559 U.S. 98, 103 (2010) (stating that Miranda’s measures were
adopted out of concern for “incommunicado interrogation in an unfamiliar, police-dominated
atmosphere”) (citation and internal quotations omitted). “Determining whether an
individual’s freedom of movement was curtailed . . . is simply the first step in the analysis”;
an additional question is “whether the relevant environment presents the same inherently
coercive pressures as the type of station house questioning at issue in Miranda.” Howes, 132
S. Ct. at 1190. Here, although Cain was required to remain at the crash scene, see Ark. Code
Ann. § 27-53-101(b)(1) (Repl. 2010) (making it a felony for a driver to leave the scene of an
accident in which a personal injury or death has occurred), such compulsion is not akin to the
restraint of a formal arrest. See, e.g., Berkemer, 468 U.S. at 435–40 (holding that a motorist
detained for a routine traffic stop was not in custody even though it was a crime to drive away
without permission); see also, e.g., In re A.N.C., 750 S.E.2d 835, 839–40 (N.C. 2013) (holding
that a statutory requirement to remain on the scene was not equivalent to formal arrest for
purposes of Miranda).
We agree with the State that Cain was not entitled to a Miranda warning before the
investigating officer asked him if he was the driver at the time of the crash and if he had
previously consumed alcohol or other intoxicants. He was questioned in the initial
investigation of a fatal traffic accident while standing on the roadside, with other people in
public view. He was not restrained or detained, was asked a minimal number of questions,
and was allowed to leave afterward. He was not questioned in an environment presenting the
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inherently coercive, incommunicado pressures of station-house questioning; nor was he in
custody for purposes of Miranda merely because of his legal obligation to stay at the scene.2
Cain’s statements were not custodial, and Miranda warnings were not necessary. We
hold that the trial court did not clearly err by denying his motion to suppress.
Affirmed.
ABRAMSON and VIRDEN, JJ., agree.
Greg Klebanoff, for appellant.
Leslie Rutledge, Att’y Gen., by: Vada Berger, Ass’t Att’y Gen., for appellee.
2
See, e.g., Tobias v. State, 735 S.E.2d 113, 118–19 (Ga. 2012) (finding that appellant
was not isolated in a police-dominated atmosphere although legally obligated to remain at the
scene to provide the investigating officer with details of a vehicular collision involving fatality:
she was questioned, with her mother and aunt present, in a nearby residence after medical
personnel escorted her and administered medical treatment).
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