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State v. Tucker1/24/2001
non-appealing party has to preserve an issue for our review.
Even if we assume that the defendant was subject to custodial interrogation, the defendant's unsolicited offer of a bribe was an independent crime not subject to Miranda. The defendant's offer "was totally unresponsive to [the officer's] question . It was not improperly compelled by the officer's question in a custodial setting but, on the contrary, was spontaneously volunteered by [the defendant] in a deliberate attempt to commit a totally separate crime -- bribery of a law enforcement official." Castro, 723 F.2d at 1530. " here can be no objection to admitting the defendant's bribe in a subsequent prosecution for . . . bribery because no person has a constitutional right to be warned of his rights before he commits a crime." United States v. Paskett, 950 F.2d 705, 708 (11th Cir. 1992) (quotations and brackets omitted). Thus, "the legal protection of Miranda as to the crimes for which [the defendant] was already in custody not extend to a new crime committed in officer's presence." People v. Luffman, 650 N.Y.S.2d 354, 357 (App. Div. 1996), appeal denied, 678 N.E.2d 507 (N.Y. 1997). Therefore, the trial court properly denied the defendant's motion to suppress his bribery statement for the purpose of prosecuting him for bribery, and we need not address the parties' remaining arguments.
Affirmed.
JOHNSON, J., sat for oral argument but retired prior to the final vote; THAYER, J., sat for oral argument but resigned prior to the final vote; BROCK, C.J., and BRODERICK, J., concurred.
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