State v. Cunningham

Defendant was convicted of being a felon in possession of a firearm. On appeal, he argues that the trial court should have suppressed a statement that he made when the arresting officer asked him, incident to a pat-down search, if he “ha[d] anything that would hurt me or was sharp?” Defendant argues that, because the officer’s question constituted interrogation, he could not ask that question until defendant had been advised of and waived his Miranda rights. We affirm.

In March 1999, Officer Thomas McNurney noticed a fairly clean pickup truck, the rear license plate of which was obscured by…