from the Iowa District Court for Buchanan County, Jeffrey L.
Harris, District Associate Judge.
defendant appeals the denial of his motion to suppress.
Bishop of John Bishop Law Office, Cedar Rapids, for
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., Mullins, J., and Goodhue,
POTTERFIELD, PRESIDING JUDGE
Page appeals the district court's denial of his motion to
suppress. Page claims the district court should have granted
his motion because he only admitted to using marijuana after
being subjected to custodial interrogation without first
receiving a Miranda warning.
Background Facts and Proceedings.
23, 2014, at approximately 7:40 p.m., State Trooper James
Smith initiated a stop of Page's vehicle after Smith saw
the vehicle traveling seventy-nine miles per hour in a zone
with a maximum speed limit of sixty-five miles per hour. When
he approached the vehicle, the trooper noticed Page had a
newly lit cigarette. Trooper Smith later testified he had
experience with drivers attempting to use the smell of a
cigarette to mask the scent of alcohol or marijuana.
Additionally, Trooper Smith noticed Page's hands were
shaking, his eyes were bloodshot and watery, and he seemed to
be struggling to identify his registration. Smith asked Page
to come back to his squad car to sit while Smith ran
Page's information on the in-car computer and then for
Page to sign to the citation for speeding on the computer as
well. Page let himself into the front seat of the squad car,
and the doors remained unlocked while he sat in the passenger
seat. Once he was sitting in the squad car, Trooper Smith
asked Page if he had smoked marijuana recently, and Page
admitted he had smoked marijuana that morning. Trooper Smith
advised Page he would conduct a few tests to determine if
Page was impaired from the marijuana, and Page stated he had
been smoking the drug for thirty years and had a high
tolerance. Page later stated it was 2:00 p.m. when he smoked
marijuana. At one point he described his use as "just a
puff" although he later told Trooper Smith he had
"smoked a bowl." The officer had Page perform a
number of field sobriety tests, which Page completed with
mixed results. Trooper Smith then observed inside Page's
mouth and noticed "a greenish brown tint on his tongue,
" which can "[s]ometimes be an indicator of
marijuana use." At that point, the officer placed Page
under arrest for operating while intoxicated, read him his
Miranda rights, and transported him to the local
police station. Page gave a urine sample for drug testing,
and the test result showed THC-indicating use of marijuana-in
was charged by trial information with operating while
intoxicated, second offense, in violation of Iowa Code
section 321J.2 (2014). He filed a motion to suppress, asking
the court to suppress all evidence "obtained as a result
of the illegal search and seizure." Following a hearing
on the matter, the district court denied Page's motion.
bench trial, the district court found Page guilty as charged.
He was sentenced to a term of incarceration not to exceed 365
days with all but fourteen days suspended. Page appeals.
Standard of Review.
review the district court's denial of a motion to
suppress based on the deprivation of a constitutional right
de novo." In re Pardee, 872 N.W.2d 384, 390