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State v. Gaines4/11/1997
ct by a police officer will have coercive aspects to it. Oregon v. Mathiason, 429 U.S. 492, 50 L. Ed. 2d 714, 97 S. Ct. 711 (1977) (per curiam). However, the United States Supreme Court has also recognized that Miranda warnings are not required "simply because the questioning takes place in the station house, or because the questioned person is one whom the police suspect." Id. at 495, 50 L. Ed. 2d at 719.
In the instant case a suppression hearing was held on defendants' motions. Judge Ferrell issued an order on 7 July 1993 setting forth extensive findings of fact and Conclusions of law based on evidence presented during the hearing.
As to defendant Harris, Judge Ferrell concluded that Harris' statements to police officers were made voluntarily and were not the result of custodial interrogation. Judge Ferrell also concluded that Harris' agreement to show police officers where he had hidden the shotgun was voluntary.
Judge Ferrell based his Conclusions, in part, on his findings that Harris was repeatedly told that he was not under arrest, that Harris was repeatedly told that he was free to leave at any time, and that Harris signed a written statement wherein he stated that he was not under arrest and was giving a statement voluntarily. Judge Ferrell also relied on the fact that Harris had previous experience with the criminal Justice system.
Our review of the evidence shows that Judge Ferrell's findings of fact were supported by competent evidence. Further, his Conclusion that under these facts Harris did not undergo custodial interrogation for Miranda purposes at the relevant times was correct. See State v. Lane, 334 N.C. 148, 431 S.E.2d 7 (1993) (defendant not in custody when he was told he was free to leave on several occasions during the interview; he did not ask to leave, nor did he request an attorney; and he was not placed under arrest but was taken home by the SBI investigators); Phipps, 331 N.C. 427, 418 S.E.2d 178 (defendant not in custody when, upon request, he went to the police station on his own several times and answered questions; he was not placed under arrest but was permitted to return home; and he later agreed to take a polygraph test); State v. Martin, 294 N.C. 702, 242 S.E.2d 762 (1978) (defendant not in custody when he voluntarily went to the police station and made a statement while he was not under arrest and his freedom was not restricted, and police officers returned him to his home afterwards).
As to defendant Gaines, Judge Ferrell concluded that Gaines' statements to police officers were given voluntarily and were not the result of custodial interrogation. Judge Ferrell based his Conclusions, in part, on his findings that Gaines was told several times that he was not under arrest, that he was repeatedly told that he was free to leave at any time, and that he was told that any statement he made would be voluntary. Judge Ferrell also relied on the fact that defendant had previous experience with the criminal Justice system.
Our review of the evidence shows that Judge Ferrell's findings of facts as to Gaines were supported by competent evidence. Further, his Conclusion that under these facts Gaines did not undergo custodial interrogation for Miranda purposes was correct.
In addition to the above argument, defendant Harris contends Judge Ferrell erred in denying his motions to suppress statements and physical evidence when such were obtained as a result of defendant's unconstitutional seizure. This contention also has no merit. "Only when officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen may we conclude that a 'seizure' has occurred." Terry v.
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