P.M. v. State

861 N.E.2d 710, 2007 Ind. App. LEXIS 266
CourtIndiana Court of Appeals
DecidedFebruary 16, 2007
DocketNo. 49A02-0605-JV-00434
StatusPublished
Cited by15 cases

This text of 861 N.E.2d 710 (P.M. v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
P.M. v. State, 861 N.E.2d 710, 2007 Ind. App. LEXIS 266 (Ind. Ct. App. 2007).

Opinion

OPINION

SULLIVAN, Judge.

Appellant, P.M., was adjudicated a delinquent child for committing an act which would be Theft as a Class D misdemeanor if committed by an adult.1 In appealing his adjudication, P.M. claims that the juvenile court abused its discretion in admitting into evidence certain incriminating statements which were allegedly obtained in violation of his constitutional right against self-incrimination.

We affirm.

The record reveals the following facts. On November 17, 2005, at approximately 7:00 a.m., Jason McKeeman, an electrician for Moorehead Electric Company, appeared at his construction work site at 9010 East Southport Road to find that the lights, which had been turned on the night before, were off, and several items, including wire belonging to Moorehead Electric, were missing from the site. According to McKeeman, several spools of wire, including 1000 feet of “copper bare wire” and 2500 feet of “number 10 wire” were missing. Tr. at 11. Also missing were batteries, tools, and coveralls belonging to Johnson Melloh Mechanical Contractors, and tools, radios, paint, and tape belonging to Complete Masonry Services, Inc.

[712]*712Upon investigating the incident, Marion County Sheriffs Deputy Robert Dillon received word that some of the allegedly stolen items were possibly located at Capital City Metals2 after attempts had been made to sell them for salvage value, so he and McKeeman went to Capital City Metals. There, McKeeman found and identified “everything that [he] had described” as missing, including the bare copper wire. According to McKeeman, the two “gentlemen” who had brought the wire to Capital City Metals, one of whom was P.M., were present on the scene, as were uniformed police officers. McKeeman testified that he and P.M. and at least one uniformed police officer, who was standing approximately five feet away, were in the main office3 of Capital City Metals when he asked P.M., out of curiosity, how they were able to move the 1000-foot spool of wire up into their truck, given its weight. According to McKeeman, P.M. responded that it had not been easy, but that they had “worked together” and used wooden steps to roll it into the back of a truck. Tr. at 18. Shortly thereafter, Deputy Dillon read P.M. his Miranda rights.4 Deputy Dillon indicated that he did not interview P.M. because he did not have a parent present to sign a juvenile waiver.

After speaking with P.M. and his parents, Deputy Dillon went to their home, where he recovered items matching the description of items listed as missing from the construction site. Although Deputy Dillon could not recall what those items were, nor did he have a list of them, he testified that P.M.’s father had stated they were not his, and the various businesses whose property was found missing from the construction site identified the items as belonging to them.

On January 23, 2006, the State filed a delinquency petition based upon the crime of theft as a Class D felony if committed by an adult. Following a March 24, 2006 denial hearing, the juvenile court made a true finding of P.M.’s delinquent act with respect to the items taken from Moore-head Electric only. The court placed P.M. on probation.

Upon appeal, P.M. challenges the juvenile court’s true finding of delinquency by claiming that the police failed to advise him of his Miranda rights before he made the incriminating statements at issue, and that these statements were therefore admitted in violation of his right against self-incrimination.

P.M. is appealing from a completed adjudication hearing and challenges the admission of the evidence at the hearing. Therefore, the issue is “ ‘appropriately framed as whether the juvenile court abused its discretion by admitting the evidence .... ”’5 Hirshey v. State, 852 N.E.2d 1008, 1012 (Ind.Ct.App.2006) (quoting Collins v. State, 822 N.E.2d 214, 218 (Ind.Ct.App.2005)), trans. denied. Our standard of review on the admissibility of the evidence “‘is essentially the same whether [713]*713the challenge is made by a pre-trial motion to suppress or by trial objection.’ ” Id. (quoting Collins, 822 N.E.2d at 218). “We do not reweigh the evidence, and we consider conflicting evidence most favorable to the trial court’s ruling.’ ” Id. (quoting Collins, 822 N.E.2d at 218). “ ‘However, we must also consider the uncontested evidence favorable to the defendant.’ ” Id. (quoting Collins, 822 N.E.2d at 218). We affirm the trial court’s ruling if it is supported by substantial evidence of probative value. Id.

Under the Fifth Amendment to the United States Constitution and Article 1, Section 14 of the Indiana Constitution, persons shall be free from being compelled to make disclosures which might subject them to criminal prosecution or aid in their conviction. Hastings v. State, 560 N.E.2d 664, 667 (Ind.Ct.App.1990), trans. denied. In protection of the right against self-incrimination, the United States Supreme Court’s opinion in Miranda v. Arizona, 384 U.S. 436, 444, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) established that “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.” Such procedural safeguards include an advisement to the accused that he has the right to remain silent, that anything he says can be used against him, that he has the right to an attorney, and that if he cannot afford an attorney one will be appointed for him. Id. at 479. Miranda warnings are only required, however, where a suspect is both in custody and subjected to interrogation. Rhode Island v. Innis, 446 U.S. 291, 300, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980). To determine whether a defendant is in custody, we ask whether a reasonable person under the circumstances would consider himself free to resist the entreaties of the police. White v. State, 772 N.E.2d 408, 412 (Ind.2002). Under Miranda, “interrogation” includes express questioning and words or actions on the part of the police that the police know are reasonably likely to elicit an incriminating response from the suspect. Id. (citing Rhode Island, 446 U.S. at 301, 100 S.Ct. 1682).

In ruling that P.M.’s incriminating statements were admissible, the juvenile court stated the following:

“The Court does not see any association of the witness and a police officer. There’s been no evidence to show that the police officer was directing the witness to ask questions. The witness simply asked a question. There’s no need for a parent or guardian to be present at that time. Your motion to suppress any statements made by the Respondent to the questions by Mr. McKeeman, that motion is denied.” Tr. at 18.

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Bluebook (online)
861 N.E.2d 710, 2007 Ind. App. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pm-v-state-indctapp-2007.