State v. Douglas

2013 WI App 52, 830 N.W.2d 126, 347 Wis. 2d 407, 2013 WL 1104983, 2013 Wisc. App. LEXIS 238
Court of Appeals of Wisconsin·Decided March 19, 2013·No. No. 2012AP1275-CR·Published·Cited by 3 cases

Opinion

FINE, J.

¶ 1. Antoine Leshawn Douglas appeals the judgment entered on his guilty pleas convicting him of: (1) unlawfully possessing a firearm as a previously convicted felon, see Wis. Stat. § 941.29(2)(a); (2) unlawfully possessing an electric weapon, see Wis. Stat. § 941.295(1) (2009-2010); and (3) unlawfully possessing tetrahydrocannabinols, see Wis. Stat. § 96l.4l(3g)(e).1 This appeal concerns only Douglas's sentence and the weapons crimes. He claims that the search warrant that allowed the police to find the gun was the unlawful fruit of what he contends was his interrogation in violation of Miranda v. Arizona, 384 U.S. 436 (1966), and Rhode Island v. Innis, 446 U.S. 291 (1980).2 He also argues that the trial court erroneously exercised its sentencing discretion. We affirm.

[412] I.

¶ 2. Police officer Daniel Robinson and his partner arrested Douglas on February 23, 2011, when they found him with marijuana in a parked van whose engine was running. The officers had arrested Douglas two weeks earlier on another marijuana charge. Douglas does not challenge the lawfulness of his arrest.

¶ 3. The officers handcuffed Douglas and put him in the back of their police car. Ultimately, Officer Robinson returned to the police car to get what he called "basic information" from Douglas in order to fill out the required "arrest and detention report." Neither Robinson nor his partner gave Douglas Miranda warnings. Robinson explained that this was because he "wasn't intending to talk to him about the criminal action, I was just gathering preliminary information for the initial booking report." Douglas, however, told Robinson that he had a gun that he could get for the police. Douglas claims that this incriminating statement, which led to the search warrant and the weapons, was in response to Robinson's "interrogation" or its "functional equivalent," and, therefore, the trial court erred in refusing to suppress the weapon evidence. See State v. Knapp, 2005 WI 127, ¶ 73, 285 Wis. 2d 86, 123, 700 N.W.2d 899, 918 ("[T]he exclusionary rule bars physical fruits obtained from a deliberate Miranda violation.") (applying Article I, § 8 of the Wisconsin Constitution).

¶ 4. Both Robinson and Douglas testified at the evidentiary hearing on Douglas's motion to suppress.

¶ 5. Although the prosecutor walked Robinson through his conversation with Douglas, Robinson's most cogent explanation of his recollection of that conversation was in response to questions asked by [413] Douglas's lawyer and by the trial court. First, Douglas's lawyer's cross-examination of Robinson:

Q .... Now, after he was handcuffed and put in the back of the squad car, what did you do exactly?
A I believe I recovered the marijuana and collected vehicle information, then I went to the [police] car and started to speak with Mr. Douglas to get his correct information; spelling of his name, date of birth, address, Social Security number, things of that nature that I need to fill out the arrest and detention report.
Q Now, after you gathered that initial information about him, such as his name, date of birth, address, isn't it correct that you asked him what information he had that would help him out?
A He solicited me and asked if he could do something to get out of trouble, and I might have asked him what he had or what he could do. And when we talked about the marijuana, I declined working with him, because he had offered similar information two weeks prior, and that was the end of the conversation as far as I was concerned.
Q I guess what I'm asking is do you recall asking him that question?
A I don't recall asking him that specific question, no.
THE COURT: What do you mean by "that question"? Which question are we talking about?
[Defense lawyer]: What information Mr. Douglas had that would help him out.
THE COURT: So you didn't ask him that question?
[414] THE WITNESS: Not that I recall, no.

The defense lawyer then referred to Robinson's "supplemental report," which the officer said he read before he testified at the hearing: "[I]n it you said you had asked Douglas what information he had that would help him out, correct?" Officer Robinson agreed that the report "does state that." The defense lawyer then continued:

Q Okay. And isn't it correct that it was after that question he had told you about the firearms?
A It was; but before he brought anything up about the firearms, I told him I wasn't interested in it and that he should contact his attorney prior to doing anything.

On re-direct examination, Robinson pointed out that Robinson's question to Douglas about helpful information came after "Douglas again stated that he wanted to work[,]" and that this was what the report indicated.

Q Okay. So it was the defendant that told you prior to you asking that question that he wanted to work, is that correct?
A Yes.
Q ... [Wlhich came first, that question: I asked Douglas what information he had to help him out, or the defendant's offer to work or provide information?
A The defendant asked if he could work.
Q And had he also made that same offer when you had arrested him on February 7th, 2011?
A Yes.
[415] Q And what did you tell him on this date?
A I declined working with him.
Q And on this date prior to him talking to you about the gun, what is it you — what is the statement that you made to him immediately prior to him talking to you about the gun?
A I told him that I didn't want the information, that if he wanted to work he should go through his attorney.
Q And did you say anything else to him immediately after — after—after that, prior to him telling you about this firearm in his house?
A No.

¶ 6. The trial court also focused on Officer Robinson's recollection of his conversation with Douglas:

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State v. Douglas, 2013 WI App 52, 830 N.W.2d 126, 347 Wis. 2d 407, 2013 WL 1104983, 2013 Wisc. App. LEXIS 238 (Wis. Ct. App. 2013).

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