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Abernathy v. State1/30/1998
e Law
In determining whether an individual was in custody, a court must examine all of the circumstances surrounding the interrogation, but the ultimate inquiry is simply whether there was a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest. California v. Beheler, 463 U.S. 1121, 1125 (1983) (per curiam). The United States Supreme Court has made clear in recent jurisprudence that the initial determination of custody depends upon the objective circumstances of the interrogation, not on the subjective views harbored by either the interrogating officers or the person being questioned. Stansbury v. California, 511 U.S. 318, 323 (1994) (per curiam).
In determining the objective nature of the interrogation, the Supreme Court has focused on what information has been communicated by the detaining officer to the suspect. See id. In Berkemer v. McCarty, the Supreme Court dealt with the roadside questioning of a motorist detained in a traffic stop, much like the one in the case at bar. That Court decided that the motorist was not in custody for purposes of Miranda even though the traffic officer "apparently decided as soon as [the motorist] stepped out of his car that [the motorist] would be taken into custody and charged with a traffic offense." See Berkemer v. McCarty, 468 U.S. 420, 442 (1984). It is apparent, then, that the Supreme Court has decided that the prophylactic warnings required by Miranda do not attach until the officer has objectively created a custodial environment and has communicated to the accused his intention to effectuate custody to the accused himself. See id. Indeed a police officer's subjective view that the individual under questioning is a suspect, if not disclosed by the officer to that suspect, does not bear upon the question whether the individual is in custody for purposes of Miranda. See Stansbury, 511 U.S. at 324. The Supreme Court has concluded that "an officer's views concerning the nature of an interrogation, or beliefs concerning the potential culpability of the individual being questioned, may be one among many factors that bear upon the assessment whether that individual was in custody, but only if the officer's views or beliefs were somehow manifested to the individual under interrogation and would have affected how a reasonable person in that position would perceive his or her freedom to leave." Id. at 325; cf. Rodriguez, 939 S.W.23d at 216.
Application of Law to Facts
Viewed in a light most favorable to the trial court's overruling of Appellant's motion to suppress, the record shows that, as in Berkemer, Officer Marcus in the instant case stopped Appellant initially for a traffic violation, speeding. Upon approaching Appellant's vehicle, Marcus smelled the odor of intoxicants, noticed Appellant's glassy eyes and suspected that Appellant had been drinking. Marcus asked Appellant if he had been drinking and Appellant replied in the affirmative. Marcus then had Appellant perform field sobriety tests. After the tests were completed, Marcus asked Appellant how many drinks he had consumed, and Appellant replied that he had consumed four drinks. Subsequently, Marcus placed Appellant under arrest for the offense of driving while intoxicated.
The facts in this case are virtually indistinguishable from those in Berkemer, with the possible exception being Marcus's question regarding how much Appellant had consumed after initially inquiring whether he had consumed alcoholic beverages. But at no time during the asking of these two questions had Marcus's investigation proceeded beyond the investigatory stage. Although Marcus may have formed a subjective initial opinion that Appellant was intoxi
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