State v. Crook, ___ N.C. App. ___, 785 S.E.2d 771 (Jun. 7, 2016)

(1) Because the defendant was handcuffed and placed under arrest, the trial court erred by concluding that the defendant was not in custody when he made a statement to the officer. (2) The defendant was subject to an interrogation when, after handcuffing the defendant, placing him under arrest, and conducting a pat down, the officer asked, “Do you have anything else on you?” The defendant, who was in front of a doorway to a motel room, stated, “I have weed in the room.” (3) The court rejected the State’s argument that the public safety exception established in New York v. Quarles, 467 U.S. 649 (1984) applied. The court found the facts of the case at hand “noticeably distinguishable” from those in Quarles, noting that the defendant was not suspected of carrying a gun or other weapon; rather, he was sitting on the ground in handcuffs and already had been patted down.

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