State v. Maile

2017 MT 154, 396 P.3d 1270, 388 Mont. 33, 2017 Mont. LEXIS 351
Montana Supreme Court·Decided June 23, 2017·No. DA 15-0515·Published·Cited by 13 cases

Opinions

JUSTICE WHEAT

delivered the Opinion of the Court.

¶1 Chad Larsen Made (Made) appeals from the June 8, 2015 order of the Thirteenth Judicial District Court, Yellowstone County, denying his motion to reverse and remand the Justice Court’s denial of his motion to suppress evidence obtained during the interrogation of him by Montana Fish, Wildlife, and Park (FWP) game wardens at a game check station. We affirm.

¶2 We address the following issues on appeal:

1. Did the District Court err in affirming the Justice Court’s determination that Made was not subject to custodial interrogation at the FWP game check station and thus was not entitled to Miranda warnings prior to questioning by the game wardens?
2. Did the District Court err in affirming the Justice Court’s determination that the admissions Made made were voluntary?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On November 17, 2013, Made and Paul Olson (Olson) stopped at a FWP game check station just outside of Columbus, Montana, with a mule deer harvested by Made in the bed of the pickup truck. FWP game wardens inspected the deer at the check station and contacted Made after observing that the license attached to the deer had been issued to a female hunter. The wardens asked Made about the deer and he began to answer questions and converse with the wardens. He eventually made numerous admissions over the course of the questioning. The investigation was recorded by the Outdoor Channel “Wardens” reality television show, which was on scene and filming the questioning of Olson and Made.

¶4 During the course of the wardens’ investigation, Made admitted that he shot the mule deer and placed his daughter’s tag on the animal. He also told the wardens that he had illegally shot two additional deer [35] using his fiancé’s tags in Yellowstone County, Montana. He informed the wardens that one deer was currently being processed at a commercial butcher in Billings, Montana. The wardens subsequently went to Maile’s home and he consented to a search of his freezer. The wardens located and confiscated the deer meat that they determined had been illegally harvested.

¶5 Made was subsequently charged with License, Permit or Tag Offense in violation of § 87-6-304(5), MCA; Unlawful Possession, Transfer, or Transport of Game Animal in violation of § 87-6-202(1), MCA; and Hunting or Killing a Game Animal Over the Legal Limit in violation of § 87-6-413(1), MCA. Made moved to suppress evidence gathered at the FWP check station, arguing that the incriminating statements Made made were fruits of an illegal interrogation. On July 16, 2014, the Justice Court conducted a suppression hearing and, on July 25, 2014, the court denied Maile’s motion, concluding that Made was not subject to custodial interrogation at the check station and thus was not required to receive Miranda warnings.1 On August 15, 2014, the Justice Court held a non-jury trial and, on August 28, 2014, the court found Made guilty on all three counts of the indictment.

¶6 Made appealed to the Thirteenth Judicial District Court, contending that he was subjected to a custodial interrogation without first being given Miranda warnings, and that the admissions he made were not given voluntarily and thus should be suppressed. The District Court affirmed the Justice Court on the same grounds given by the lower court. Made filed a timely appeal with this Court. Additional facts will be provided as necessary to address the issues raised.

STANDARD OF REVIEW

¶7 Upon Maile’s appeal from the Justice Court, the District Court functioned effectively as an intermediate appellate court. See §§ 3-5-303, 3-10-115, MCA. We review cases that originate injustice courts of record and are appealed to a district court as if the appeal originally had been filed in this Court. Accordingly, we undertake an independent examination of the record apart from the district court’s decision. State v. Kebble, 2015 MT 195, ¶ 14, 380 Mont. 69, 353 P.3d 1175; State v. Lamarr, 2014 MT 222, ¶ 9, 376 Mont. 232, 332 P.3d 258.

¶8 The Montana Supreme Court reviews a trial court’s determination that a defendant was not entitled to Miranda warnings for correctness. State v. Elison, 2000 MT 288, ¶¶ 12, 34, 302 Mont. 228, 14 P.3d 456. We review a trial court’s findings of fact on a motion to suppress an [36] admission or a confession to determine whether the findings are clearly erroneous. State v. Loh, 275 Mont. 460, 475, 914 P.2d 592, 601 (1996). A finding of fact is clearly erroneous if it is not supported by substantial evidence, if the trial court misapprehended the effect of the evidence, or if this Court has a definite or firm conviction that the trial court committed a mistake. Loh, 275 Mont. at 475, 914 P.2d at 601. Substantial evidence requires more than a mere scintilla of evidence, but may be less than a preponderance of the evidence. State v. Scarborough, 2000 MT 301, ¶ 30, 302 Mont. 350, 14 P.3d 1202. The voluntariness of a confession or admission is a factual question which must take into account the totality of the circumstances. Loh, 275 Mont. at 475, 914 P.2d at 601.

DISCUSSION

¶9 1. Did the District Court err in affirming the Justice Court’s determination that Made was not subject to custodial interrogation at the FWP game check station and thus was not entitled to Miranda warnings prior to questioning by the game wardens?

¶10 Made argues that the FWP wardens violated his right against self-incrimination guaranteed by the Montana and United States Constitutions when they interrogated him without first issuing him Miranda warnings. The Justice Court concluded that no constitutional violation occurred because Made was not in custody for purposes of Miranda.

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State v. Maile, 2017 MT 154, 396 P.3d 1270, 388 Mont. 33, 2017 Mont. LEXIS 351 (Mo. 2017).

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