State v. Burton, ___ N.C. App. ___, 796 S.E.2d. 65 (Jan. 17, 2017)

The court rejected the defendant’s claim that counsel was ineffective by failing to object to the admission of his statement to an officer that the cocaine in question belonged to him and not a passenger in the vehicle; the court rejected the defendant’s argument that the statements were obtained in violation of his Fifth Amendment rights because the officer failed to advise him of his Miranda rights before reading the warrants to him and the passenger in each other’s presence. After the two were arrested and taken to the county detention center the officer read the arrest warrants to the defendant and the passenger in each other’s presence. When the officer finished reading the charges, the defendant told the officer that the cocaine belonged to him. The court concluded that the defendant’s admission is properly classified as a spontaneous statement, not the product of an interrogation.