Vasila

Defendant was convicted of possession and cultivation of marijuana and possession of illegal firearms. He argues the guns were recovered as fruit of a coerced confession and, thus, should have been suppressed. We agree and reverse the firearms convictions.

Statement of Facts

Based upon information from defendant’s estranged wife, Sheriff’s Detective Smiley obtained a warrant to search for illegal guns at defendant’s 200-acre farm. At approximately 8 a.m. on October 4, 1992, Smiley arrested defendant in downtown Bloomfield, informed him of his Miranda rights, and took him back to the farm. There, defendant assisted in opening a safe containing three-quarters of a pound of marijuana and several legal firearms. Smiley also found a large quantity of ammunition and firearm paraphernalia, along with evidence of marijuana cultivation.

About 9 a.m., defendant was taken to jail. Detective Smiley, concerned that he had not found the illegal weapons he had expected, told jail personnel that defendant was not to be given access to a phone. Smiley wanted to prevent defendant from phoning someone who might remove or destroy the weapons or pose a danger to the officers who were still…