Case Caption: Heath v. People of the Virgin Islands Case Number: SCT-CRIM-2020-0009Date: 03/27/2024Author: Swan, Ive Arlington Citation: 2024 VI 17Summary: On an appeal from defendant’s convictions on five counts of unauthorized possession of a firearm, in violation of 14 V.I.C. § 2253(a), five counts of possession of ammunition, in violation of 14 V.I.C. § 2256(a), and one count of failure to report firearms obtained outside or brought into the Virgin Islands, in violation of 23 V.I.C. § 470(a), the judgment and commitment are affirmed. The Superior Court did not err in denying the defendant’s motions to suppress since law enforcement officers were lawfully on his property and consent to the search of his home was freely and voluntarily given by a third party with common authority over the premises. In addition, the plain-view doctrine applies to marijuana plants seized on the property and illegal firearms and contraband found inside the residence. Defendant was advised of his Miranda rights when he arrived at the police station, and law enforcement personnel did not interrogate or question him. His later confession was spontaneous and not the product of custodial interrogation by law enforcement officers and there was thus no violation of his Fifth or Sixth Amendment rights. There was sufficient evidence on which to convict the defendant on all counts of the amended information, including unauthorized possession of a firearm, unauthorized possession or sale of ammunition, and failure to report firearms obtained outside or brought into the Virgin Islands. Finally, the defendant’s argument that his case should be dismissed on speedy trial grounds was waived. The January 24, 2020 judgment and commitment are affirmed.Attachment: Open Document or Opinion