People v. Fort

Defendant was convicted, after bench trial, of possession of cocaine. Police, who entered Defendant's home forcibly and with guns drawn, questioned Defendant at her bedroom door when she had just asked officer permission to retrieve her baby. Officer had deprived Defendant of freedom of action in a very significant way by restricting her ability to attend to her baby by asking her, without Miranda warnings, whether there was anything in room they should know about as room would eventually be searched. Thus, cocaine found in pillowcase should be suppressed as pursuant to custodial interrogation. (HYMAN, concurring; MASON, dissenting.)