¶1concurs with reasons.
¶2|TI agree with denying the State’s writ in part on the basis the trial court properly suppressed Defendant’s statement. I agree that Defendant was subject to a custodial interrogation without being advised of his Miranda rights, which necessitates the suppression of his statement. I also agree with granting the State’s writ in part on the basis the trial court erred in suppressing the gun found in Defendant’s car because the “fruit of the poisonous tree” doctrine is not applicable. However, I specifically disagree with that portion of the analysis under the hearing, “Suppression of Evidence based on Fourth Amendment.”
¶3dissents in part: concurs in part.
¶4hi respectfully dissent from the majority’s finding that defendant was in custodial interrogation, necessary to trigger a Miranda warning, at the time of questioning on the scene. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); Rhode Island v. Innis, 446 U.S. 291 at 301-2, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980). The officer’s question was unrelated to the crime under investigation (DWI) and was not one that the officer should have known would elicit an incriminating response from defendant. Possession of a firearm in a vehicle is not a crime. Therefore, defendant was not under interrogation for purposes of Miranda, and the statement is admissible.
¶5Moreover, the officer testified that defendant was not handcuffed at the time he was asked about weapons in his vehicle. As such, the seizure of the weapon for officer safety was proper and necessary to secure the vehicle for towing. I, therefore, concur in the result of the majority’s finding that the weapon is admissible.
¶6Accordingly, I would grant the state’s writ application in its entirety.