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State v. Gaines4/11/1997
investigators working on the murder of the victim. Sanders instructed Investigator Buening, who was the lead investigator in the interviewing process, that any suspect interviews were to be conducted as noncustodial interviews. Suspects were not to be placed under arrest and would be free to leave, and any contact with suspects would be on a voluntary basis.
Specifically as to defendant Gaines, the evidence showed that Officer William Todd Walther located an automobile believed to be involved in the murder parked in front of Gaines' residence. Investigators R.G. Buening and S.P. Maxfield, both dressed in plain clothes, drove to Gaines' residence in an unmarked vehicle. Several other officers were also present. At approximately 2:30 a.m. Buening knocked on the front door of Gaines' residence. Gaines' mother answered the door. Buening identified himself and asked if the officers could come in. Buening, Maxfield, and one uniformed officer went inside. Buening introduced himself to Gaines and told him that a police officer had been shot and wounded at the Red Roof Inn and that the police had information that he and two friends had been involved in a dispute with the officer earlier in the evening. Buening asked Gaines if he would go to the Law Enforcement Center to talk with them about the earlier dispute with the officer. Buening told Gaines he was not under arrest, and Gaines agreed to go. Gaines' mother had no objection to her son accompanying the officers to the Law Enforcement Center.
Buening asked Gaines to sit in the front passenger seat of an unmarked police vehicle. Buening then obtained written consent from Gaines to search his automobile. Buening conducted a "plain-view" search of the vehicle while Gaines sat unattended in the unmarked, unlocked police vehicle. Buening then asked Gaines if he would show him where Harris and Coleman lived; Gaines agreed. At this point Buening went back to the residence to speak with Gaines' mother, again leaving Gaines unattended in the vehicle. Buening asked Gaines' mother if she wanted to accompany her son to the Law Enforcement Center; she declined. On the way to the Law Enforcement Center, Buening again told Gaines he was not under arrest.
At the Law Enforcement Center, Gaines was asked to sit in a large interview room. Gaines was not handcuffed. Sanders testified that "emotions were high" among police officers at the Law Enforcement Center and that he was concerned about the suspects' safety and about the "interrogative case." Sanders instructed officers not to let anybody other than investigators directly involved in the case interfere in any way. At approximately 4:00 a.m. Sanders assigned Officer D.R. Faulkenberry to sit with Gaines. Faulkenberry sat with Gaines from 4:00 a.m. to 7:00 a.m. Sanders entered the room on two occasions and asked the men if either of them needed anything. During this time Investigator C.E. Boothe introduced himself to Gaines and advised Gaines that he was working on the case.
When Officer Faulkenberry went off duty, Investigator R.D. Roseman sat with Gaines. Roseman introduced himself and told Gaines that he was not under arrest, that he was free to leave at any time, and that any statements he made would be made voluntarily at defendant's request. Gaines told Roseman that "he didn't know why he was there" and that "he wanted to know when he could leave." Roseman testified that he did not answer Gaines' question about when Gaines could leave but left the interview room, conferred with Sanders in the hallway, and told Sanders he felt Gaines was ready to make a statement.
At approximately 7:30 a.m. Sanders asked Investigator D.L. Rock to sit with Gaines. Rock asked defendant if he ne
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