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BUSH v. STATE12/1/1995
ce bond in the amount of the minimum bond set in Rule 2, A.R.J.A., and shall be directed to appear either at a specified time and place or at such time and place as he or she shall be subsequently notified of."
We note that Rule 4 was not in existence at the time of the appellant's arrest; it was adopted effective January 1, 1991.
The appellant was arrested at 10:30 p.m., August 27, 1981. His first statement was given to the police at 2:30 a.m., August 28, 1981, and his second statement was made at 9:00 p.m., on the same date. In these two statements, he confessed to the commission of the three crimes. His statements to Lieutenant Ward and Officer Moore, concerning the pistol, were made on August 31, 1981. The record indicates that counsel was appointed to represent the appellant on September 2, 1981, which would indicate that by that time he had appeared before a judge or magistrate. His first two statements came well within 48 hours of his arrest. The third, of course, did not. The appellant, in effect, urges us to adopt a per se rule that requires suppression of any evidence gained as a result of being detained in violation of the Fourth Amendment and Rule 4.3(a)(1)(iii). We have previously addressed this issue and have declined to adopt such a rule. Hammond v. State, 497 So.2d 558 (Ala. Cr. App. 1986); Speers v. State, 545 So.2d 247 (Ala. Cr. App. 1989); Taylor v. State, 589 So.2d 804 (Ala. Cr. App. 1991).
The remedy for illegal pretrial detention, other than pretrial release, may be the suppression of any evidence obtained as a result of that illegal detention — not the dismissal of the charges against the accused. Speers v. State. " e follow the majority view and hold that a delay in presenting one arrested without a warrant to a judge for a probable cause hearing is one circumstance to be considered in determining the voluntariness of a statement given during the delay." Hammond v. State, 497 So.2d at 565. We have reviewed the totality of the circumstances surrounding the appellant's statements to Lieutenant Ward and Officer Moore concerning the pistol, including the circumstance of pretrial detention, and we find that they were voluntarily made, after proper Miranda warnings. We find no evidence of promises, threats, improper inducements, or coercion in the procurement of the statements. We find no evidence that the single factor of delay in providing the appellant with a probable cause determination before a judge or magistrate affected the voluntariness of his statements about the pistol. We conclude that those statements were not the product of any unlawful detention. Moreover, there is nothing in the record to support the appellant's assertions that the delay was intentional and for the purpose of interrogating him before he could consult an attorney.
XX.
The appellant contends that the trial court erred in admitting into evidence Holmes's description of the getaway automobile because, he argues, the description was highly unreliable and it was the product of improper suggestion by the police. Again, this issue was not raised in the trial court and we must, therefore, review it under the plain error rule. We find that Holmes's description of the getaway automobile was properly admitted into evidence, and the weight to be accorded it was for the jury to determine. There is no evidence in the record that the police influenced Holmes's description of the automobile by suggestions. As we have heretofore pointed out, it is understandable why Holmes experienced difficulty in remembering the events that occurred; however, he appeared to have no difficulty in remembering and describing the getaway automobile and, in fact, his description proved to be co
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