Can a police officer question a motorcyclist's vehicle?

Similarly, in People v. Davidson, supra, 221 Cal.App.4th 966 a police officer, responding to a 911 emergency call about a stolen motorcycle, saw the defendant pushing a motorcycle down the street. When the defendant noticed the patrol car, he changed direction and attempted to hide the motorcycle. The officer ordered the defendant to put the motorcycle down and step toward him. The defendant placed a flat-blade screwdriver on the seat of the motorcycle and looked like he was ready to flee. The officer handcuffed the defendant for safety purposes, told him to sit on the sidewalk curb, explained he was investigating a possible stolen motorcycle in the area and told the defendant he was detaining him while he investigated the situation. He asked the defendant, "'Is this your vehicle?'" After the defendant said he had found the motorcycle in some bushes, he was arrested. (See id. at pp. 969-970, 972.)

At trial the defendant argued his prearrest statement was inadmissible because he was not advised of his Miranda rights. The trial court ruled the officer's question, "'Is this your vehicle?'" did not constitute custodial interrogation and the defendant's statement was admissible. (People v. Davidson, supra, 221 Cal.App.4th at p. 970.) Our colleagues in Division Six affirmed that ruling. (Id. at p. 973.) The court explained "[h]andcuffing a suspect during an investigative detention does not automatically make it custodial interrogation for purposes of Miranda." (Id. at p. 972.) The court focused on the fact the

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