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Maples v. State3/31/1999
atement from him at the police station, because Mason interrogated him without allowing him to assert his right to remain silent, and because Mason coerced him into making the statements. At a hearing on the appellant's motion to suppress the statements, Officer Mason testified that, at the time of the appellant's arrest, he asked the appellant if he knew why he was being arrested and the appellant indicated that he did. (R. 420-21.) He then advised the appellant of his Miranda rights, and the appellant indicated that he understood those rights. (R. 421-22.) According to Mason, the appellant was coherent and did not appear to be under the influence of alcohol or drugs at the time of his arrest. Mason stated that he did not ask the appellant any questions at that time; rather, he told the appellant that they would talk later at the police station. When he arrived at the police station, Mason learned that police officers from Alabama would be interrogating the appellant. Shortly thereafter, the appellant indicated that he needed to use the restroom. As he was escorting the appellant to the restroom, Mason told the appellant that police officers from Alabama would be interviewing him later and that he would not be conducting the interview. At that time, the appellant spontaneously said, "Well, I did it." (R. 423, 2491.) Mason stated that the appellant then went into the restroom and did not say anything else.
Later, when the appellant told Mason he would like to smoke a cigarette, Mason escorted him outside to smoke. At that time, the appellant voluntarily and without prompting from Mason divulged more information about his involvement in the murders. (R. 424.) At trial, Mason testified that the appellant specifically told him that he had shot and killed two people in a car and that the gun he used to commit the murders was in a safe place. (R. 2492-93.) While cross-examining Mason, defense counsel elicited testimony about a conversation during which the appellant had asked him if he knew what had happened and he responded that he was curious about the case. (R. 2497.) Mason stated that, although he told the appellant he was curious about the case, he informed the appellant that he did not have to talk to him about the case. (R. 2502-03.) He admitted during cross-examination that he had commented to another officer about the location of the murder weapon and that the appellant may have overheard the comment; however, he stated that he had not made the statement to get the appellant to disclose the location of the gun. (R. 2498-99.) The appellant did not offer any testimony at the suppression hearing.
"'"If a defendant spontaneously volunteers information, either before or after being given the Miranda warnings, those statements need not be suppressed." United States v. Edwards, 885 F.2d 377, 387 (7th Cir. 1989). See also Crawford v. State, 479 So.2d 1349, 1352 (Ala. Cr. App. 1985) ("An unsolicited remark, not in response to any interrogation, does not fall within the Miranda rule"); United States v. Lawrence, 952 F.2d 1034, 1036 (8th Cir. ) ("The protections afforded a suspect under [Miranda] apply only when the suspect is both in custody and being interrogated. A voluntary statement made by a suspect, not in response to interrogation, is not barred by the Fifth Amendment and is admissible with or without the giving of Miranda warnings."), cert. denied, 503 U.S. 1011, 112 S.Ct. 1777, 118 L.Ed.2d 434 (1992).
"'"Any statement given freely and voluntarily without any compelling influences is, of course, admissible in evidence. The fundamental import of the privilege while an individual is in custody is not whether he is allowed to talk to the police without the benefit of warnings and counse
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