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Commonwealth v. Perry4/17/1998
fact that Appellant was being treated in an emergency room does not de facto place him in custody for purposes of questioning.
Appellant relies on a decision by this Court in Commonwealth v. Whitehead, 629 A.2d 142 (Pa.Super. 1993). In Whitehead, the Commonwealth appealed the order of the Court of Common Pleas of Warren County, which suppressed statements made by the appellee and the results of a blood alcohol test. Commonwealth v. Whitehead, 629 A.2d at 142. This Court found that Appellee Whitehead's statements were inadmissible because they were the result of a "custodial interrogation" before Appellant was informed of his Miranda rights. Id. 629 A.2d at 144-145.
In Whitehead, this Court focused on the intent of the officer in questioning the appellee in the hospital. Testimony in that case indicated that the officer had collected evidence at the scene, such as a six pack of beer, which indicated that the appellee had been drinking. Further, the officer testified that he questioned the appellee in connection with a criminal investigation, not a routine traffic accident investigation. Commonwealth v. Whitehead, 629 A.2d at 145.
The overriding concern of this Court is to determine what was the reasonable belief of the accused during the questioning. Although a factor, the motive of the trooper, specifically, whether the accused was the focus of a criminal investigation, is not the central issue. See Holcomb, supra.
In light of the decision in Holcomb, supra, evidence indicates that Appellant was not faced with a situation where he could reasonably believe he was unable to end questioning at his discretion. All facts indicate that Appellant was not pressured to answer questions nor was his environment conducive to an interrogation. His family was present as were medical personnel. No evidence indicates that the officer pressured Appellant to answer questions, and, from all indications, his statements were voluntary.
Additionally, the trooper clearly indicated that he proceeded to the hospital to question Appellant regarding the accident, which was standard police procedure. In gathering information in regard to the accident the trooper noticed "first hand" the odor of alcohol on Appellant's breath and questioned him in that regard. As such, Appellant has failed to show this Court that questioning by the trooper was consistent with that of a criminal investigation. The trial court properly admitted evidence of the questioning of Appellant at the hospital and subsequent information regarding the blood alcohol content test for which the trooper obtained a search warrant.
Affirmed.
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