State v. LaCOUTURE

2009 NMCA 071, 213 P.3d 799, 146 N.M. 649
CourtNew Mexico Court of Appeals
DecidedApril 21, 2009
Docket27,357
StatusPublished
Cited by6 cases

This text of 2009 NMCA 071 (State v. LaCOUTURE) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. LaCOUTURE, 2009 NMCA 071, 213 P.3d 799, 146 N.M. 649 (N.M. Ct. App. 2009).

Opinion

OPINION

KENNEDY, Judge.

{1} In this case, we consider constitutional issues surrounding a police interrogation of a hospital patient. Defendant-Appellant Robert LaCouture (LaCouture) pled no contest to possession of methamphetamine, use or possession of drug paraphernalia, and careless driving. A charge of negligent use of a deadly weapon was dropped. In his plea, LaCouture reserved the right to appeal the denial of his motion to suppress certain inculpatory remarks he made to police as a hospital patient following a traffic accident. He argues that his statements should have been suppressed because he made them involuntarily and was not advised of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). We affirm the district court and hold that LaCouture’s statements were voluntary and that, at the time he made them, he was not in police custody and therefore not entitled to a Miranda warning.

BACKGROUND

{2} Late in the evening of April 13, 2005, LaCouture was driving from Roswell to Ruidoso on U.S. 70 when his pickup truck collided with a semi-truck. Severely injured, La-Couture was transported to the Lincoln County Medical Center where he received treatment. LaCouture’s injuries included a damaged hip and spine, fractured leg bones (both tibia and fibula), four broken ribs, and a bruised lung. Officer Roberto Diaz conducted an initial investigation at the scene and then traveled to the hospital to speak with LaCouture. Officer Diaz testified that such questioning was standard procedure for the New Mexico State Police.

{3} At the hospital, Officer Diaz made contact with LaCouture, questioned him about the accident and the events which preceded it, and made an audio recording of the interview. 1 During the interview, as the audio recording indicates, LaCouture was in pain and often moaned and mumbled. Despite whatever pain or discomfort he experienced, however, LaCouture was responsive to Officer Diaz’s questions and gave coherent answers. No evidence in the record indicates that Officer Diaz did anything to restrain LaCouture or to prevent him from terminating the interview. LaCouture, likewise, indicates none.

{4} During this approximately seven-minute interview, LaCouture made several inculpatory statements in response to questions. When asked, “Do you carry a weapon,” La-Couture replied, “Yes sir.” He then proceeded to identify the type of weapon he carried. Moments later, the following exchange took place:

Q: Are you under the influence of anything?
A: No, sir.
Q: If I were to give you a blood test would it come back positive or negative? A: Probably come back positive, man.
Q: For what?
A: For amphetamine.
Q: When did you take amphetamine?
A: Ah shit, it was earlier today, man.
Q: Earlier today? How much did you take?
A: Oh shit, man, it was not much, we smoked a little bit.

Still later, Officer Diaz asked LaCouture if he had taken any other drugs, and LaCouture replied, “This morning I was getting a bad migraine so I took a Loratab.” When asked if it was prescribed, LaCouture indicated that it was not.

{5} LaCouture was charged with possession of methamphetamine, use or possession of drug paraphernalia, aggravated DWI, negligent use of a deadly weapon, and reckless driving. He filed a pretrial motion to suppress the statements he made in the hospital, and the matter came before the Lincoln County District Court on January 27, 2006. LaCouture argued that his statements were involuntary and that their admission would violate Miranda.

{6} After hearing evidence and the arguments of counsel, the district court denied LaCouture’s motion. It found that LaCouture’s statement was voluntary because he was “conscious and knew what he was saying!,] • • • was quite coherent!,] and [had] asked and answered questions appropriately.” The court concluded that “under the circumstances, I do not believe it was necessary to read Miranda [to LaCouture] prior to [Officer Diaz] asking questions about the accident.”

{7} After the denial of his motion to suppress, LaCouture entered a plea agreement with the State. In return for the dismissal of his charges for aggravated DWI, negligent use of a deadly weapon, and reckless driving, LaCouture entered a plea of no contest to the charges of possession of methamphetamine, use or possession of drug paraphernalia, and careless driving. As a result, he was sentenced to almost three years of probation.

{8} LaCouture asks this Court to reverse the district court’s denial of his motion to suppress. He claims that his inculpatory statements to Officer Diaz should have been suppressed because they were involuntary' and because he was not issued a Miranda warning prior to making them. We consider each of his arguments in turn.

DISCUSSION

1. Standard of Review

{9} When reviewing a district court’s denial of a motion to suppress, we consider its findings of fact for substantial evidence, State v. Leyba, 1997-NMCA-023, ¶8, 123 N.M. 159, 935 P.2d 1171, and view them in the light most favorable to the prevailing party. State v. Jason L., 2000-NMSC-018, ¶10, 129 N.M. 119, 2 P.3d 856. We then consider the district court’s legal conclusions de novo. Leyba, 1997-NMCA-023, ¶8, 123 N.M. 159, 935 P.2d 1171. In this way, we analyze de novo the questions of whether a defendant’s statement was voluntary and whether the defendant was subject to a custodial interrogation. State v. Cooper, 1997-NMSC-058, ¶¶ 25-28, 124 N.M. 277, 949 P.2d 660 (providing the standard of review to determine voluntariness); State v. Nieto, 2000-NMSC-031, ¶ 19, 129 N.M. 688, 12 P.3d 442 (providing the standard of review to establish custodial interrogation).

2. LaCouture’s Claim That His Statements Were Involuntary

{10} LaCouture first asserts that his confession to Officer Diaz was involuntary and should have been suppressed by the district court. In arguing against a motion to suppress, the prosecution must prove that the defendant’s statement was voluntary by a preponderance of the evidence. State v. Fekete, 120 N.M. 290, 298, 901 P.2d 708, 716 (1995). On appeal, we determine the voluntariness of a statement by analyzing the entire record and the circumstances under which the statement was made. Id. The “totality of the circumstances” provides our guiding light in such an analysis. Id. (internal quotation marks and citation omitted).

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Cite This Page — Counsel Stack

Bluebook (online)
2009 NMCA 071, 213 P.3d 799, 146 N.M. 649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lacouture-nmctapp-2009.