State v. Lucas

Mikell, Judge.

The state appeals the trial court’s order granting Vernon Franklin Lucas’s motion to suppress his statement, made without the benefit of Miranda warnings, concerning ownership of marijuana found during a search of his residence. The state contends that Lucas’s request for a hearing was untimely and that he was not in custody for Miranda purposes when he made the statement. We disagree and affirm.

1. Uniform Superior Court Rule 31.1 provides that “[a]ll motions, demurrers, and special pleas shall be made and filed at or before time of arraignment, unless time therefor is extended…