State v. Golphin8/25/2000
he question of the admissibility of his statement because he did not object at the time the statement was offered into evidence. See id. In addition, while Tilmon's assignment of error includes plain error as an alternative, his brief contains no specific argument that there is plain error in the instant case. Accordingly, Tilmon's argument is not properly before this Court. See N.C. R. App. P. 10(c)(4); State v. McNeil, 350 N.C. 657, 681, 518 S.E.2d 486, 501 (1999), cert. denied, ___ U.S. ___, 146 L. Ed. 2d 321 (2000); State v. Frye, 341 N.C. 470, 496, 461 S.E.2d 664, 677 (1995), cert. denied, 517 U.S. 1123, 134 L. Ed. 2d 526 (1996). However, given the constitutional nature of Tilmon's argument, pursuant to Rule 2 of the North Carolina Rules of Appellate Procedure, we will address the merits of Tilmon's argument.
Both the United States Supreme Court and this Court have held that during a custodial interrogation, if the accused invokes his right to counsel, the interrogation must cease and cannot be resumed without an attorney being present "unless the accused himself initiates further communication, exchanges, or conversations with the police." Edwards v. Arizona, 451 U.S. 477, 485, 68 L. Ed. 2d 378, 386 (1981) (emphasis added); see also Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694 (1966); State v. Warren, 348 N.C. 80, 97, 499 S.E.2d 431, 440, cert. denied, 525 U.S. 915, 142 L. Ed. 2d 216 (1998); State v. Jackson, 348 N.C. 52, 55, 497 S.E.2d 409, 411, cert. denied, 525 U.S. 943, 142 L. Ed. 2d 301 (1998); State v. Lang, 309 N.C. 512, 521, 308 S.E.2d 317, 321 (1983).
The term "interrogation" is not limited to express questioning by law enforcement officers, but also includes "any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect." Rhode Island v. Innis, 446 U.S. 291, 302, 64 L. Ed. 2d 297, 308 (1980); see also State v. Coffey, 345 N.C. 389, 400, 480 S.E.2d 664, 670 (1997); State v. DeCastro, 342 N.C. 667, 684, 467 S.E.2d 653, 661, cert. denied, 519 U.S. 896, 136 L. Ed. 2d 170 (1996). The focus of the definition is on the suspect's perceptions, rather than on the intent of the law enforcement officer, because Miranda protects suspects from police coercion regardless of the intent of police officers. See Innis, 446 U.S. at 301, 64 L. Ed. 2d at 308. However, because "the police surely cannot be held accountable for the unforeseeable results of their words or actions, the definition of interrogation can extend only to words or actions on the part of police officers that they should have known were reasonably likely to elicit an incriminating response." Id. at 301-02, 64 L. Ed. 2d at 308.
Based on the Supreme Court's definition of interrogation in Innis, there is a limited exception to Miranda for routine questions asked during the booking process. See Pennsylvania v. Muniz, 496 U.S. 582, 601, 110 L. Ed. 2d 528, 552 (1990) (plurality opinion) (where the accused made an incriminating statement prior to being read his Miranda rights, the Supreme Court held questions regarding a suspect's name, address, physical characteristics, date of birth, and current age constituted custodial interrogation, but were "nonetheless admissible because the questions [fell] within a `routine booking question' exception which exempts from Miranda's coverage questions to secure the `biographical data necessary to complete booking or pretrial services'") (quoting United States v. Horton, 873 F.2d 180, 181 n.2 (8th Cir. 1989)); Clayton v. Gibson, 199 F.3d 1162 (10th Cir. 1999) (where the suspect had been given his Miranda rights and had invoked his right to
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