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State v. Gaines4/11/1997
eded anything to eat, and Gaines said that he was hungry. Shortly thereafter a police officer brought two steak biscuits for Gaines. At approximately 9:30 a.m. Gaines asked Rock if the police officer was dead; Rock replied that he was dead. Gaines asked Rock if he could speak with the other police officer, and he described Investigator Boothe. Boothe testified that he entered the room, told defendant he was not under arrest, told defendant he could leave at any time, and told defendant he did not have to make a statement. Boothe also told Gaines that Harris and Coleman had already given statements. Boothe asked Gaines if he had shot the police officer; Gaines admitted that he had and then gave a statement. Gaines signed a written statement which included language that he had given the statement of his own free will, knowing that he was not under arrest. After Gaines completed his statement, Boothe placed Gaines under arrest and read Gaines his rights; Gaines requested a lawyer.
Specifically as to defendant Harris, the evidence showed that at 3:00 a.m. on 22 November 1991, Investigator Buening knocked on Harris' door. Harris' mother answered the door; Buening identified himself and said he was looking for Harris. Buening asked if he could come in, and Mrs. Harris agreed. Investigator Maxfield also entered the residence. Buening and Maxfield entered the house, and a uniformed police officer stayed at the door. Mrs. Harris opened the door to her son's bedroom; Harris was on the bed, and Buening introduced himself as a police officer. Buening told Harris that a police officer had been shot and wounded at the Red Roof Inn and that the police had information that earlier in the evening, Harris and two friends had had a dispute with the officer. Buening told Harris that he was not under arrest and asked Harris if he would be willing to go with the officers to the police station to talk about the earlier dispute with the officer. Harris agreed to go with the officers. Harris' mother indicated that she did not have any objections to her son going with the officers.
Harris was asked to sit in the backseat of Officer R.W. Shiflett's marked patrol vehicle. Buening again told Harris that he was not under arrest and that Buening appreciated his cooperation. Harris informed Shiflett that he had asthma and needed his medication. Shiflett went to Harris' residence and obtained the medication from Harris' mother. Harris was taken to the police station by Shiflett; there was no conversation between Shiflett and Harris during the ride. There were no door handles on the inside of the vehicle's back door. Harris was not handcuffed. At the Law Enforcement Center, Harris and Shiflett sat in an interview room. There was no conversation between Shiflett and Harris.
Sergeant Sanders assigned Investigators Boothe and L.D. Walker to talk with Harris. At 4:25 a.m. the two investigators went into the interview room. Both men were dressed in casual clothes, and neither carried weapons. The investigators told Harris it was their understanding that Harris had volunteered to come down and talk. Harris replied that that was correct. The investigators then suggested they move from the small interview room to a larger one. Harris was not handcuffed or restrained. The investigators asked Harris if he wanted anything to eat or drink, or if he needed to go to the bathroom; Harris declined. The investigators told Harris that he was not under arrest, that it was their understanding Harris had come to the Law Enforcement Center voluntarily, that he did not have to make a statement, and that he was free to leave at any time. Harris stated that he had come voluntarily and that he would talk with the investigators.
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