P. v. Morris CA3
Before conducting a parole search of a car in which defendant Michael Kirri Morris had been sitting in the driver’s seat, a sheriff’s deputy placed defendant in handcuffs and in the back of his patrol car for officer safety. When the deputy asked if there were weapons or a gun in the car, defendant volunteered that there were bullets in the driver’s side door. The deputy found six rounds of ammunition there. Only after he found the ammunition did the deputy give defendant Miranda warnings.
On appeal from a conviction for being a felon in possession of ammunition, defendant contends his trial counsel was ineffective because defense counsel did not move to exclude his pre- and post-Miranda statements as being a product of a custodial interrogation. We conclude defense counsel was not ineffective because defendant was not in custody when he first told the deputy there were bullets in the car. Accordingly, we affirm.
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