State v. Harrell

Jason Harrell appeals his dispositions for possession of an incendiary device and an explosive device on the grounds that the trial court erred in failing to sup press both his custodial statements and evidence seized as the result of a purportedly illegal search. He argues that he lacks the capacity to understand and knowingly and intelligently waive his Miranda 1 rights and that there was insufficient evidence to support the trial court’s finding that he was guilty of possessing an explosive device. We conclude that although he was not formally under arrest at the time he was searched, the…