QUESTION 4
Detective Anna was about to subject David, who was lawfully in custody, to interrogation
because she had received a tip from an anonymous informant that David was involved in
transporting heroin. Detective Anna advised David of his Miranda rights and asked him if
he knew anything about heroin shipments. David replied, “I am not sure if I need a lawyer
or not.” Detective Anna next asked David how he was transporting the heroin. David
responded, “If I had anything to do with it, I would use my car.” Detective Anna released
David from custody when he refused to answer any more questions. Detective Anna then
sent a message to all police officers, describing David’s car, stating that it was believed
to be involved in transporting heroin.
Later that day, Officer Baker, who had heard Detective Anna’s message, saw the car
described in the message. Officer Baker decided to follow the car to see if the driver would
do anything that could justify stopping the car. When the car ran a red light, Officer Baker
stopped the car and ordered the driver, who was in fact David, out of the car. Officer
Baker then did a pat-down search of David and found a cell phone in his pocket. Officer
Baker turned on the cell phone, saw a text message icon, clicked on the icon, and found
a message to David stating, “The heroin is in the trunk; deliver it to the warehouse.” Officer
Baker then searched the trunk of the car, where he found 30 pounds of heroin. He
arrested David and arranged for the car to be taken to the police impound lot for
processing.
David is charged with transportation of heroin. David moves to suppress:
1. His statement, “If I had anything to do with it, I would use my car”;
2. The text message that stated, “The heroin is in the trunk; deliver it to the warehouse”;
and
3. The heroin found in the trunk of the car.
How should the court rule on each of the motions to suppress? Discuss.