State v. Garcia, 216 N.C. App. 176 (Oct. 4, 2011)

The trial court did not err by denying the defendant’s motion to suppress statements made while a search warrant was being executed. The defendant and his wife were present when the search warrant was executed. After handcuffing the defendant, an officer escorted him to a bathroom, read him Miranda rights, and questioned him about drug activities in the apartment. While this procedure was applied to the defendant’s wife, an officer discovered a digital scale and two plastic bags of a white, powdery substance; the defendant then stated that the drugs were his not his wife’s. The court rejected the defendant’s argument that he was arrested when he was moved to the bathroom and read his rights, noting that the questioning occurred during the search.