State v. Harper

The State appeals the suppression of statements George Owen Harper (“Defendant”) made to a deputy sheriff who stopped Defendant’s vehicle to question him about potential criminal activity. The State claims the suppression (based on the trial court’s conclusion that a Miranda1 violation had occurred) was erroneous because Defendant was not in custody at the time of the questioning. Finding merit in that claim, we reverse the trial court’s order suppressing Defendant’s statements and remand the matter for further proceedings on the State’s misdemeanor charges of unlawful use of a weapon and two…