PEOPLE OF MI V BURTON DAVID CORTEZ (Authored Opinion)
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
FOR PUBLICATION
March 12, 2013
9:05 a.m.
Plaintiff-Appellee,
v
No. 298262
Montcalm Circuit Court
LC No. 2009-012502-FH
BURTON DAVID CORTEZ,
Defendant-Appellant.
ON REMAND
Before: O’CONNELL, P.J., and METER and BECKERING, JJ.
METER, J.
This case is before us on remand from the Michigan Supreme Court. Defendant appeals
as of right his convictions by a jury of two counts of being a prisoner in possession of a weapon,
MCL 800.283(4). The trial court sentenced him, as a second-offense habitual offender, MCL
769.10, to concurrent prison terms of 24 to 90 months. In a previous opinion, we affirmed
defendant’s convictions. People v Cortez, 294 Mich App 481; 811 NW2d 25 (2011), vacated in
part 491 Mich 925 (2012). Shortly thereafter, the United States Supreme Court decided Howes v
Fields, 565 US ___; 132 S Ct 1181; 182 L Ed 2d 17 (2012). We are directed to reconsider
defendant’s Miranda1 challenge to the use of his confession at trial in light of Fields. People v
Cortez, 491 Mich 925; 813 NW2d 293 (2012). We once again affirm defendant’s convictions.
I.
FACTS AND PROCEDURAL HISTORY
We set forth the relevant facts in our previous opinion:
At the time of the incident in question defendant was an inmate at the
Carson City Correctional Facility. On July 21, 2009, Michigan Department of
Corrections (MDOC) officers discovered two weapons in defendant’s cell during
a search of a number of inmates’ cells. Before trial, defendant moved to suppress
a recorded statement taken during an interview with him after the weapons were
1
Miranda v Arizona, 384 US 436; 86 S Ct 1602; 16 L Ed 2d 694 (1966).
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discovered and in which he admitted possessing the weapons. At issue on appeal
is whether the trial court erred by ruling that the MDOC officer who questioned
defendant during the interview was not required to provide him with Miranda
warnings before subjecting him to the questioning and by admitting defendant’s
incriminating statements at trial. . . .
On July 21, 2009, a “siren drill” was carried out at the prison. Leading up
to the drill there had been several assaults and fights involving suspected gang
members; weapons were used and there were shots fired by corrections officers
from the gun tower. On the morning of the drill, two homemade weapons had
been found on an inmate who was a suspected gang member. Prison officials
decided to conduct the siren drill to search for more weapons and identify inmates
involved in the suspected gang activity.
Pursuant to protocol for the siren drill, all inmates were required to return
to their cells for a lockdown, and the corrections officers then searched various
cells for contraband. During the drill, an MDOC officer, Lieutenant Robert
Vashaw, provided other corrections officers with a list of suspected gang
members whose cells were to be searched. Defendant’s name was on the list.
MDOC Officer Robert Hanes explained that before a cell is searched, the
corrections officers have the inmates step out one at a time, undergo a pat-down
search, and then proceed to a day room while their cell[s] [are] searched.
According to defendant, about 30 minutes after the drill started, he was asked to
leave his cell and was patted down. He was then sent to a day room or activity
room.
Officer Hanes searched the area of defendant’s cell that was considered to
be in defendant’s area of control. The cell was basically divided so that
defendant, who slept on the bottom bunk, had the left side of the cell and the
inmate who slept on the top bunk had the right side of the cell as their areas of
control. Officer Hanes found pieces of metal in a trash can on the left side of
defendant’s cell. He also noticed that a metal shelf was missing from defendant’s
desk. At that point, Lieutenant Vashaw directed that a thorough search of the cell
be conducted. The search revealed a homemade shank, specifically a piece of
sharpened metal that was inserted into a white plastic handle. The shank was
stuck in the bottom bunk’s framework on the underside of the bed frame. Officer
Hanes turned the shank over to Lieutenant Vashaw and then continued to search
the cell. A second shank was found inside a corner of the mattress on the bottom
bunk. The second shank was made of a piece of metal wrapped in a bluish cloth
and was also turned over to Lieutenant Vashaw.
Lieutenant Vashaw testified that he took control of the shanks, “bagged
and tagged” them, and placed them in the Michigan State Police evidence locker.
Once the shanks were in the locker, Lieutenant Vashaw no longer had control
over them; only the state police had access to them. Lieutenant Vashaw testified
that the two shanks were in the evidence locker when he later interviewed
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defendant but that the trash can containing the metal pieces may have been in the
interview room during the interview. Defendant, on the other hand, testified that
the shanks, which had been placed inside tubes, and the trash can, were all in the
interview room.
Officer Vashaw testified that if an inmate is found with dangerous
contraband, departmental policy calls for the inmate to be placed in segregation
until his misconduct report is heard. On the basis of the items found in
defendant’s area of control, Officer Hanes prepared a misconduct report, and
Lieutenant Vashaw ordered staff to escort defendant to a segregation cell or
solitary confinement. While in the segregation unit, an inmate must be
handcuffed and escorted by a staff member whenever he leaves segregation.
Approximately an hour to an hour and a half after Officer Hanes found the
second shank, Lieutenant Vashaw requested to speak with defendant. Because
defendant was already in segregation, he was escorted in handcuffs to the control
center to meet Lieutenant Vashaw. According to the lieutenant, he had defendant
come to the control center to be interviewed because inmates are often reluctant to
speak openly in front of others. Lieutenant Vashaw and defendant then went to a
back office for the interview.
According to Lieutenant Vashaw, defendant hesitated to speak at the
outset of the interview and initially “denied everything.” The lieutenant then told
defendant that the evidence the corrections officers had obtained was “pretty
damaging” and that two weapons had been found in defendant’s area of control.
Lieutenant Vashaw said that defendant needed to tell him what was going on
inside the prison because violent events had recently occurred; defendant needed
to tell him why he was making weapons or was in possession of weapons. The
lieutenant testified that he never threatened defendant.
Lieutenant Vashaw further testified that defendant soon started to talk, and
the lieutenant brought out a tape recorder. Defendant knew the recorder was
running, and he did not hesitate to discuss the matter. On the recording, which
was played, in part, for the jury, defendant said that the weapons were his and that
gang members had forced him to make them. One weapon was for his own
protection, and the other was to be sold. He also admitted selling a third weapon
the previous day. Defendant also talked about gangs that operated within the
prison. The interview lasted approximately 15 minutes, and defendant never
sought to end the interview. After the interview, a staff member escorted
defendant back to segregation pursuant to departmental policy.
According to defendant, Lieutenant Vashaw showed him the trash can and
both shanks in the interview room. Defendant told the lieutenant that the items
were not his, but then the lieutenant told him they could make a deal. Lieutenant
Vashaw proposed that defendant either admit possessing the weapons, do his
segregation time after his misconduct ticket was heard, and go home as scheduled
in approximately 11 months, or the lieutenant could keep defendant from ever
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going home. Defendant testified that everything he admitted on the recording was
untrue; he just said what he needed to say in order to get out of prison and go
home. [Cortez, 294 Mich App at 482-487 (footnotes omitted).]
Before trial, defendant moved to suppress his confession on the basis that he was not
given Miranda warnings. Id. at 487. He additionally argued that the admission of his confession
would be unfairly prejudicial because his recorded confession mentioned the length of time that
he had been in prison as well as his gang activity. Id.
At the suppression hearing, Lieutenant Vashaw explained that his purpose in questioning
defendant was to obtain information about ongoing prison gang activity. Id. at 487-489. The
lieutenant was concerned about maintaining prison safety. Id. at 489. In response to the
prosecution’s and the court’s questioning, Lieutenant Vashaw denied that the Department of
Corrections had any arrangement with the police with respect to conducting interviews of
inmates who are suspected of criminal activity. Id. at 490-492. He had no contact with any
outside police agency before he questioned defendant. Id. at 489.
The trial court denied defendant’s motion to suppress the confession and overruled his
objections to playing the recording for the jury. Id. at 492. The trial court concluded that
although defendant had been in custody and subjected to interrogation, Lieutenant Vashaw was
not acting in the place of a police officer and therefore was not required to give Miranda
warnings. Id. The trial court also recognized that “‘there were many good, legitimate reasons
why the Department of Corrections follows up with an interview of the defendant, relating to the
safety and security of the prison, not only corrections officers but also inmates. Also, in [an]
effort to find out, not only what is going on, but whether there was a gang problem, and
specifically what’s going on in that unit.’” Id.
The trial court allowed a shortened version of the recorded interview to be played at trial,
without a reference to the length of defendant’s sentence. Id. at 492-492. The court also gave a
limiting instruction. Id. at 493.
On appeal, defendant argued that Lieutenant Vashaw was required to give him Miranda
warnings before questioning him and that, therefore, the admission of his confession at trial
violated defendant’s Fifth Amendment right against self-incrimination. Id. at 493. We applied
the “reasonable person” standard and the four factors of the “free to leave” test. Id. at 495. We
indicated, quoting Cervantes v Walker, 589 F2d 424, 428 (CA 9, 1978), that “‘the language used
to summon the individual, the physical surroundings of the interrogation, the extent to which he
is confronted with evidence of his guilt, and the additional pressure exerted to detain him must
be considered to determine whether a reasonable person would believe there had been a
restriction of his freedom over and above that in his normal prisoner setting.’” Cortez, 294 Mich
App at 495. We found the question to be a close call but concluded that the circumstances of the
questioning did not require Miranda warnings. Id. at 504. We concluded that “the questioning
was more like general on-the-scene questioning” that was “essential to the administration of a
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prison” than custodial interrogation for which Miranda warnings are required. Id. We found no
violation of defendant’s Fifth Amendment rights.2 Id.
Defendant filed an application for leave to appeal in the Michigan Supreme Court. While
his application was pending, the United States Supreme Court decided Fields. Fields addressed
the question of the proper test to apply for determining whether a prisoner is in custody for
purposes of Miranda. In lieu of granting defendant’s application, the Michigan Supreme Court
vacated the part of our opinion addressing the alleged Miranda violation and remanded for
reconsideration in light of Fields. Cortez, 491 Mich 925.
II.
A.
ANALYSIS
STANDARD OF REVIEW
Whether a person is in custody for purposes of Miranda is a mixed question of law and
fact that must be answered independently after a de novo review of the record. People v
Coomer, 245 Mich App 206, 219; 627 NW2d 612 (2001). “[A]n ‘in-custody’ determination
calls for application of the controlling legal standard to the historical facts.” Id. We review for
clear error a trial court’s factual findings regarding the circumstances surrounding the giving of
the statement. Id.; People v Tavernier, 295 Mich App 582, 584; 815 NW2d 154 (2012). We
review de novo the trial court’s ultimate decision concerning a motion to suppress. Id.
B.
PERTINENT LEGAL STANDARDS
Both the state and federal constitutions guarantee that no person shall be compelled to be
a witness against himself. US Const, Am V; Const 1963, art 1, § 17. To protect a defendant’s
Fifth Amendment privilege against self-incrimination, custodial interrogation must be preceded
by advice to the accused that “he has a right to remain silent, that any statement he does make
may be used as evidence against him, and that he has a right to the presence of an attorney, either
retained or appointed.” Miranda v Arizona, 384 US 436, 444; 86 S Ct 1602; 16 L Ed 2d 694
(1966). We look at the totality of the circumstances to determine whether a defendant was in
custody at the time of the interrogation. Coomer, 245 Mich App at 219. “The determination of
custody depends on the objective circumstances of the interrogation rather than the subjective
views harbored by either the interrogating officers or the person being questioned.” Id. at 219220 (internal citation and quotation marks omitted). “When determining whether a defendant
was ‘in custody,’ courts consider both whether a reasonable person in the defendant’s situation
would believe that he or she was free to leave and ‘whether the relevant environment present[ed]
the same inherently coercive pressures as the type of station house questioning at issue in
Miranda.’” People Elliott, 295 Mich App 623, 632; 815 NW2d 575, lv gtd 491 Mich 938
(2012), quoting Fields, 565 US at ___; 132 S Ct at 1190.
2
In our previous opinion, we also rejected defendant’s argument that the admission of the
recorded conversation was unfairly prejudicial under MRE 403. Cortez, 294 Mich App at 504506.
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C.
THE FIELDS DECISION
In Fields, two sheriff’s deputies questioned a Michigan jail inmate, Randall Fields, about
alleged sexual conduct with a twelve-year-old boy that occurred before his incarceration. Fields,
565 US at ___; 132 S Ct at 1185. A deputy led Fields down one floor of the building and
through a locked door to a conference room in another section of the facility. Id., 565 US at ___;
132 S Ct at 1185-1186. The deputies told Fields that he was free to leave and return to his jail
cell at the beginning of and during the interview. Id., 565 US at ___; 132 S Ct at 1186. The
deputies were armed, but Fields was not restrained. Id. The conference-room door was open at
times and closed at times during the interview. Id. The questioning began between 7:00 p.m.
and 9:00 p.m. and lasted for five to seven hours. Id. During the interview, Fields “became
agitated and began to yell” when he was asked about the sexual-abuse allegations. Id. He
ultimately confessed. Id. Fields was never given Miranda warnings. Id.
According to Fields, one of the deputies swore at him, told him to sit, and said that “‘if
[he] didn’t want to cooperate, [he] could leave.’” Id. Although Fields told the deputies “several
times during the interview that he no longer wanted to talk” to them, he did not ask to return to
his cell. Id. After the interview, Fields waited twenty minutes for an officer to be summoned to
take him back to his cell. Id. Fields arrived at his cell long after his usual bedtime. Id.
Fields was charged with criminal sexual conduct. Id. He unsuccessfully moved in the
trial court to suppress his confession on the basis that he was subjected to custodial interrogation
without Miranda warnings. Id. Fields was convicted of third-degree criminal sexual conduct
and sentenced to 10 to 15 years’ imprisonment. Id. We affirmed his conviction and the
Michigan Supreme Court denied leave to appeal. Id.; People v Fields, unpublished opinion per
curiam of the Court of Appeals (Docket No. 24604, issued May 6, 2004); People v Fields, 471
Mich 933; 689 NW2d 233 (2004).
The United States District Court granted Fields’s petition for a writ of habeas corpus.
Fields, 565 US at ___; 132 S Ct at 1186. The Sixth Circuit affirmed, reasoning that a prisoner is
in custody within the meaning of Miranda if he has been taken aside and questioned about events
that occurred outside the prison walls. Id., 565 US at ___; 132 S Ct at 1186-1187. The Sixth
Circuit’s determination that Fields was in custody for purposes of Miranda was based on three
factors: (1) Fields’s imprisonment, (2) the fact that the questioning was conducted in private,
and (3) the fact that the questioning involved events outside the prison. Id., 565 US at ___; 132
S Ct at 1189.
The United States Supreme Court reversed. Id., 565 US at ___; 132 S Ct at 1194. In
addition to correcting the Sixth Circuit’s interpretation of Supreme Court precedent, the Court
rejected the proposition that the three factors cited by the Sixth Circuit are sufficient to create a
custodial situation for purposes of Miranda. Id., 565 US at ___; 132 S Ct at 1187-1189.
The Fields Court initially indicated that, in assessing the question of custody, a court
must consider all the circumstances surrounding the interrogation in order to determine whether
a reasonable person would have felt that he or she was not free to end the interrogation and
leave. Id., 565 US at ___; 132 S Ct at 1189. Relevant factors include the location of the
questioning, its duration, statements made during the interview, the presence or absence of
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physical restraints during questioning, and the release of the interviewee at the end of the
questioning. Id.
The Supreme Court then clarified that an inmate’s imprisonment alone is not sufficient to
constitute custody for Miranda purposes. Id., 565 US at ___; 132 S Ct at 1190. The Court
cautioned that restraint on a person’s freedom of movement is just the first step in the custody
analysis. Id., 565 US at ___; 132 S Ct at 1189. Courts must also ask “whether the relevant
environment presents the same inherently coercive pressures as the type of station house
questioning at issue in Miranda.” Id., 565 US at ___; 132 S Ct at 1189-1190. The Fields Court
cited Maryland v Shatzer, 559 US ___; 130 S Ct 1213, 1223-1226; 175 L Ed 2d 1045 (2010), for
the proposition that the rule in Edwards v Arizona, 451 US 477; 101 S Ct 1880; 68 L Ed 2d 378
(1981), limiting the state’s ability to initiate additional questioning after a suspect invokes his
right to counsel, does not apply “when there is a sufficient break in custody between the
suspect’s invocation of the right to counsel and the initiation of subsequent questioning.” Fields,
565 US at ___; 132 S Ct at 1190. The Fields Court noted that, according to Shatzer, a break in
custody can happen while a prisoner is serving his sentence. Id. The Fields majority concluded
that, by extension, “[i]f a break in custody can occur while a prisoner is serving an uninterrupted
term of imprisonment, it must follow that imprisonment alone is not enough to create a custodial
situation within the meaning of Miranda.” Id.
The Court examined the relative coerciveness of an interrogative setting as perceived by
a free person compared to a prisoner and articulated three meaningful distinctions. Id., 565 US
at ___; 132 S Ct at 1190-1191. First, the initial shock that a recently-arrested person might feel
during an interrogation is not likely to be experienced by a prison inmate when he is questioned:
[Q]uestioning a person who is already serving a prison term does not
generally involve the shock that very often accompanies arrest. In the
paradigmatic Miranda situation—a person is arrested in his home or on the street
and whisked to a police station for questioning—detention represents a sharp and
ominous change, and the shock may give rise to coercive pressures. A person
who is “cut off from his normal life and companions,” Shatzer, [559 US] at ___;
130 S Ct at 1220, and abruptly transported from the street into a “policedominated atmosphere,” Miranda, 384 US at 456, may feel coerced into
answering questions.
By contrast, when a person who is already serving a term of imprisonment
is questioned, there is usually no such change. “Interrogated suspects who have
previously been convicted of crime live in prison.” Shatzer, 559 US at ___; 130 S
Ct at 1224. For a person serving a term of incarceration, we reasoned in Shatzer,
the ordinary restrictions of prison life, while no doubt unpleasant, are expected
and familiar and thus do not involve the same “inherently compelling pressures”
that are often present when a suspect is yanked from familiar surroundings in the
outside world and subjected to interrogation in a police station. Id. at ___; 130 S
Ct at 1219. [Fields, 565 US at ___; 132 S Ct at 1190-1191.]
Second, a prisoner is unlikely to agree to talk to police in the hopes that he will be able to go
home if he cooperates. Id., 565 US at ___; 132 S Ct at 1191. “[W]hen a prisoner is questioned,
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he knows that when the questioning ceases, he will remain under confinement.” Id. Third, a
prisoner “knows that the law enforcement officers who question him probably lack the authority
to affect the duration of his sentence” or lack the power to give him early release on parole. Id.
In contrast, a person who is not incarcerated might feel compelled to talk out of fear of reprisal
for remaining silent or out of hope for lenient treatment. See id. The Fields majority concluded
that “service of a term of imprisonment, without more, is not enough to constitute Miranda
custody.” Id.
The Supreme Court also rejected the Sixth Circuit’s emphasis on the fact that the inmate
was questioned in private:
Taking a prisoner aside for questioning—as opposed to questioning the
prisoner in the presence of fellow inmates—does not necessarily convert a
noncustodial situation . . . to one in which Miranda applies. When a person who
is not serving a prison term is questioned, isolation may contribute to a coercive
atmosphere by preventing family members, friends, and others who may be
sympathetic from providing either advice or emotional support. And without any
such assistance, the person who is questioned may feel overwhelming pressure to
speak and to refrain from asking that the interview be terminated.
By contrast, questioning a prisoner in private does not generally remove
the prisoner from a supportive atmosphere. Fellow inmates are by no means
necessarily friends. On the contrary, they may be hostile and, for a variety of
reasons, may react negatively to what the questioning reveals. In the present case,
for example, would respondent have felt more at ease if he had been questioned in
the presence of other inmates about the sexual abuse of an adolescent boy?
Isolation from the general prison population is often in the best interest of the
interviewee and, in any event, does not suggest on its own the atmosphere of
coercion that concerned the Court in Miranda. [Id., 565 US at ___; 132 S Ct at
1191-1192 (citation and quotation marks omitted).]
The Fields Court also stated that imposing additional restraints on a prisoner’s freedom of
movement, such as an armed escort to the interview room, does not necessarily suggest custodial
interrogation. Id., 565 US at ___; 132 S Ct at 1192. The Court stated that “such procedures are
an ordinary and familiar attribute of life behind bars. Escorts and special security precautions
may be standard procedures regardless of the purpose for which an inmate is removed from his
regular routine and taken to a special location.” Id.
With respect to the subject matter of the questioning, the Fields majority concluded that
the distinction between events occurring inside the prison and events occurring outside the prison
is not significant for purposes of determining whether a suspect is in custody:
Finally, we fail to see why questioning about criminal activity outside the
prison should be regarded as having a significantly greater potential for coercion
than questioning under otherwise identical circumstances about criminal activity
within the prison walls. In both instances, there is the potential for additional
criminal liability and punishment. If anything, the distinction would seem to cut
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the other way, as an inmate who confesses to misconduct that occurred within the
prison may also incur administrative penalties, but even this is not enough to tip
the scale in the direction of custody. [Id.]
In sum, “[t]he threat to a citizen’s Fifth Amendment rights that Miranda was designed to
neutralize is neither mitigated nor magnified by the location of the conduct about which
questions are asked.” Id. (citation and quotation marks omitted).
The Supreme Court concluded its analysis of the appropriate standards by stating, in part:
When a prisoner is questioned, the determination of custody should focus
on all of the features of the interrogation. These include the language that is used
in summoning the prisoner to the interview and the manner in which the
interrogation is conducted. An inmate who is removed from the general prison
population for questioning and is thereafter . . . subjected to treatment in
connection with the interrogation that renders him “in custody” for practical
purposes . . . will be entitled to the full panoply of protections prescribed by
Miranda.” [Id. (citations and quotation marks omitted).]
The Supreme Court determined that Fields was not in custody for purposes of Miranda.
Id. The Court recognized the factors that militated in favor of a custody finding, such as the facts
that Fields did not initiate or consent to the interview, the interview lasted five to seven hours
and past Fields’ regular bedtime, the deputies were armed, and one of them used a sharp tone and
profanity. Id., 565 US at ___; 132 S Ct at 1192-1193. However, these factors were outweighed
by other circumstances suggesting that Fields was not in custody when he was questioned. Id.,
565 US at ___; 132 S Ct at 1193. Fields was told at the outset, and again during the interview,
that he could return to his cell whenever he wanted. Id. He was not physically restrained and
was not uncomfortable in the conference room. Id. Fields was offered food and water, and at
times the conference-room door was open. Id. “‘All of these objective facts are consistent with
an interrogation environment in which a reasonable person would have felt free to terminate the
interview and leave.’” Id., quoting Yarborough v Alvarado, 541 US 652, 666-665; 124 S Ct
2140; 158 L Ed 2d 938 (2004). The Fields majority concluded: “Taking into account all of the
circumstances of the questioning—including especially the undisputed fact that respondent was
told that he was free to end the questioning and return to his cell—we hold that respondent was
not in custody within the meaning of Miranda.” Fields, 565 US at ___; 132 S Ct at 1194.
D.
APPLICATION OF FIELDS
Defendant argues that Fields supports his position that he was in custody for purposes of
Miranda when Lieutenant Vashaw questioned him. Defendant emphasizes that he was
segregated from the general prison population, handcuffed, and confined in an office, which
constituted more restrictive circumstances than the restrictions associated with his prison routine.
In addition, defendant emphasizes that he did not volunteer to talk to the officers and he was not
told that he did not have to talk to them. He also notes that, unlike the mitigating circumstances
in Fields, he was restrained, the door to the room was closed, and he was not told that he could
return to his cell if he did not want to answer questions. Defendant contends that the totality of
the circumstances establishes that he was in custody for purposes of Miranda.
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We disagree. Although Fields alters our earlier analysis of the custody issue, it does not
compel a different result.
Fields instructs that security precautions that are undertaken do not affect the custody
analysis if the precautions are routinely employed when an inmate is transferred from place to
place within the prison or when away from the prison population. Id., 565 US at ___; 132 S Ct
at 1192. The record established that the security precautions employed were standard prison
procedures that are routinely employed when weapons are found in an inmate’s cell. See Cortez,
294 Mich App at 485, 501, 503.3 These were conditions and restraints to which defendant would
have been subjected as a matter of prison policy regardless of the interview. See Fields, 565 US
at ___; 132 S Ct at 1193 (“under no circumstances could he have reasonably expected to be able
to roam free”). Thus, the custody analysis is not impacted by the security precautions
undertaken. Also in accordance with Fields, the fact that defendant was questioned about a
matter involving his conduct in prison, as opposed to his conduct outside prison, is not a relevant
consideration. Id., 565 US at ___; 132 S Ct at 1192.
Admittedly, a relevant distinction between Fields and this case is that unlike Fields,
defendant was not told that he was free to end the questioning and return to his cell. However,
other coercive aspects of the interrogation that existed in Fields are absent here. Unlike Fields,
who was questioned for up to seven hours late into the night, defendant’s interview lasted only
fifteen minutes. Cortez, 294 Mich App at 486. Lieutenant Vashaw stated that defendant “did
not hesitate to discuss the matter” even when he was aware that a tape recorder was running. Id.
There was no evidence that defendant’s sleep schedule was interrupted or that he was made
uncomfortable. Lieutenant Vashaw testified that he never threatened defendant and the trial
court found the lieutenant to be credible. Id. at 486, 492.
Additionally, we agree with the observation of the Fields majority that a prisoner’s
removal from the general population might lessen the coercive aspect of the interview. See
Fields, 565 US at ___; 132 S Ct at 1191-1192. Defendant was questioned about gang activity
inside the prison and answered with specific information about prisoners and gangs. See Cortez,
294 Mich App at 490. In these circumstances, his isolation for purposes of questioning might be
more comforting than coercive. Indeed, Lieutenant Vashaw testified that he questioned
defendant away from other prisoners because “inmates are often reluctant to speak openly in
front of others.” Id. at 485-486. Defendant’s isolation from other prisoners did not create a
coercive atmosphere suggestive of Miranda custody.
III.
CONCLUSION
In light of all the features of the interrogation, defendant was not in custody for purposes
of Miranda when he was questioned. On reconsideration in light of Fields, we again conclude
that no violation of defendant’s Fifth Amendment rights occurred.
3
As noted in Cortez, 294 Mich App at 501, “Dangerous weapons were recovered from
defendant’s cell, for which a misconduct report was filed. Departmental procedure required that
he be placed in segregation and handcuffed whenever outside of segregation.”
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Affirmed.
/s/ Patrick M. Meter
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