Thornton

Jason Michael Thornton complains that a statement he volunteered to police arresting him was erroneously admitted in his trial for possession of heroin. He contends the statement was “neither material or relevant” and the trial court erred in concluding its prejudicial effect did not substantially outweigh its probative value. We believe the trial court got it right.

Their attention attracted by the high speed of the car, Officers Zavala and Llévanos saw Thornton roll his blue Pinto through a stop sign. He then drove between two cars stopped at a light and made a right turn around one without stopping. As they pulled him over, the officers saw him drop his right shoulder into the area of the passenger seat, so Zavala asked him if he had any drugs, drug paraphernalia, or weapons in the car. Thornton said he did not and gave permission to the officers to search.

After five or ten minutes, Zavala found a small blue nylon dopp kit, which contained a hypodermic syringe. While the plunger was broken, the needle was intact, and the syringe was operable. Zavala told Thornton he was under arrest for possession of the syringe and began to handcuff him, when Thornton volunteered,…