Bradford, J.
As Appellant-Defendant Duane Crocker drove Southbound on Interstate 65 in Tippecanoe County, Indiana State Police Trooper Joseph Winters pulled him over for speeding. Trooper Winters told Crocker to come sit in his car after he noticed, inter alia, that Crocker’s eyes were bloodshot and glassy, he was nervous, the rental car in which he was driving had been rented to another person, and his hand shook approximately two inches up and down when he produced his driver’s license. After Crocker gave inconsistent answers to Trooper Winters’s questions, Trooper Winters obtained Crocker’s consent to search his vehicle. The search uncovered ten bales of cellophane-wrapped marijuana in the trunk of Crocker’s rented vehicle. During a police interview, Crocker admitted that he had been paid to transport the marijuana from Chicago to Cincinnati.
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We conclude that Crocker was in custody when Trooper Winters was questioning him in Trooper Winters’s vehicle. Although Crocker was not handcuffed or physically restrained, Trooper Winters had a high degree of control over the environment. The first thing Trooper Winters did after Crocker was in his vehicle was administer an FST. Crocker was never told that he did not have to answer Trooper Winters’s questions or that he was free to go about his business. Although the questioning was neither prolonged nor aggressive, Trooper Winters did employ subterfuge, stating that he believed Crocker had at least eighty pounds of marijuana in his trunk when he admittedly did not know what was in the trunk. We believe that a reasonable person who is told to sit in a police vehicle and then immediately subjected to an FST would not feel free to leave.
Given Crocker’s nervous behavior and his bloodshot and “glossy” eyes, it does not strike us as unreasonable that Trooper Winters would investigate the possibility that Crocker might be impaired or that some other criminal activity might be afoot. Consequently, we conclude that it was reasonable to ask Crocker to exit his vehicle and then to question him further. The record does not reveal any reason, however, that Trooper Winters could not have continued his investigation on the roadside. While there are certain circumstances that might justify an officer having the subject of a traffic stop sit in his police vehicle, the record reveals no such circumstances in this case. . . . Here, there is no indication of inclement weather, unsafe conditions, or any other compelling reason to have Crocker in the vehicle. Although Trooper Winters did testify that he was entering Crocker’s information into his computer as they spoke, the first thing Trooper Winters did was administer an HGN test, which certainly could have been done on the roadside. In any event, Trooper Winters never explained why Crocker had to be in the vehicle while his information was entered.
We do not wish to be understood as holding that a person is in custody whenever he is in a police vehicle. Under the totality of the circumstances of this case, however, we conclude that Crocker was in custody as soon as he was in Trooper Winters’s police vehicle. Consequently, Trooper Winters was required to read him his Miranda rights at that point, but did not. Any statements made after Crocker entered Trooper Winters’s vehicle should have been suppressed. . . . This is not the end of our analysis, however, as the physical evidence seized from Crocker’s vehicle was also incriminating, and Miranda only applies to statements. See Hirshey, 852 N.E.2d at 1015 (Ind. Ct. App. 2006) (“However, Miranda only requires suppression of statements, not physical evidence.”).
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. . . The State has established that Crocker’s consent to the search of his vehicle was valid. As such, and even though we have concluded that Crocker’s incriminating statements should have been suppressed, we conclude that the trial court did not abuse its discretion in determining that the physical evidence found in Crocker’s vehicle was admissible pursuant to the Fourth Amendment.
RILEY, J., and BROWN, J., concur.