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State v. Rucker4/14/2003
Bell, C.J. and Eldridge, J., dissent
Based on a tip provided by a confidential source that respondent Terrence Michael Rucker (hereinafter "Rucker") was involved in narcotics trafficking, police stopped and questioned him in a shopping center parking lot. As Rucker was stepping into his vehicle, a uniformed officer parked his patrol car behind it, approached Rucker, and asked for his license and registration. Rucker complied, and within moments, two more officers appeared. One of those officers asked Rucker whether "he had anything he was not supposed to have." Rucker stated that he did, and upon further inquiry, admitted to having cocaine. After the police found cocaine on Rucker, he was arrested and charged with possession of a controlled dangerous substance with intent to distribute and other offenses. Prior to trial, Rucker moved to suppress his statements and the evidence derived therefrom, arguing that police should have read him Miranda rights before making their inquiries. Although the suppression court and the Court of Special Appeals agreed, we do not. We hold that because Rucker was not in "custody" for purposes of Miranda when he was stopped and questioned in the shopping center parking lot, his admissions should not be suppressed for his not having received the prescribed warnings. Consequently, we shall reverse the judgment of the Court of Special Appeals and remand for further proceedings.
I. Background
Two witnesses testified at the suppression hearing in the instant case: Detective Melvin Powell and Corporal Anthony Grimes, both from the Prince George's County Police Department. According to Detective Powell, on December 31, 2000, a confidential source informed him that the source knew of several persons, including Rucker, who were distributing crack cocaine in the Capitol Heights and Forestville areas of Prince George's County. The source described Rucker as "dark complected, about six foot tall, a hundred and eighty-five pounds, [with] a short hair cut." The source also told Detective Powell that Rucker "owned a burgundy Tahoe" and provided the detective with a "a partial tag of the Tahoe." In addition, the source told Detective Powell that on January 2, 2001, Rucker would be at a shopping center in Forestville at 5:20 in the evening, that he would be driving the burgundy Tahoe, and that he would be carrying "a quantity of crack cocaine." Consequently, Detective Powell, the source, and a fellow detective by the name of Piazza drove to the shopping center.
Shortly after Detectives Powell and Piazza, and the source arrived at the shopping center, Detective Powell spotted a burgundy Tahoe parked "in front of the Athletic USA store, exactly where the confidential source said it would be." About three minutes later, Detective Powell saw an individual approaching the vehicle, who was identified by the source as Rucker. Detective Powell then contacted Corporal Grimes, who was in the vicinity in his patrol car, and asked the Corporal to stop Rucker.
Corporal Grimes parked his patrol car behind the burgundy Tahoe. There was no vehicle occupying the space in front of the Tahoe at the time. As Rucker was getting into the driver's side of the Tahoe, Corporal Grimes called to him in an attempt to get his attention, walked up to him, and requested Rucker's license and registration. Rucker asked, "what's going on," the Corporal just repeated his original request, and Rucker subsequently complied. Corporal Grimes was uniformed and armed, but his weapon was not drawn, and he "made no physical contact with" Rucker.
After Rucker gave his license and registration to Corporal Grimes, Detectives Powell and Piazza arrived. Detective Powell "w
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