Page:Jackson v. State, 2013 Ark. 201, 427 S.W.3d 607.pdf/13

 Corporal Behnke, at one point, K-9 Major was trying to get in through the window, which was unusual behavior for him. And, at another point, K-9 Major stood and stared at the door, a sign of an indication. In light of the evidence presented, we cannot say that the circuit court erred in denying the motion to suppress the marijuana seized from the vehicle on the basis that K-9 Major's alert constituted reasonable suspicion for the search.

Finally, Jackson argues that the circuit court erred in denying his motion to suppress his custodial statement made after an illegally obtained statement in violation of Miranda v. Arizona, 384 U.S. 436 (1966), and the fruit-of-the-poisonous-tree doctrine. In this regard, Jackson asserts that he never waived his rights under the Fifth and Sixth Amendments to the United States Constitution, and article 2, section 8 of the Arkansas Constitution. Thus, according to Jackson, because his second statement was the result of the first illegally obtained statement, it should be suppressed as fruit of the poisonous tree. Alternatively, he asserts that if this court finds that he did waive those rights, Corporal Behnke should not benefit from his unlawful conduct at the scene of the stop. The State argues to the contrary that because Jackson's statement at the police station was not the product of a "question first" interrogation tactic, but was a spontaneous statement uttered while refusing to answer further questions, this court should affirm the circuit court's denial of the motion to suppress the custodial statement.

A statement made while in custody is presumptively involuntary, and the burden is on the State to prove by a preponderance of the evidence that a custodial statement was given voluntarily and was knowingly and intelligently made. E.g., Leach v. State, 2012 Ark. 179, ___ S.W.3d ___. In order to determine whether a waiver of Miranda rights is voluntary, this