State v. Golphin8/25/2000
counsel, the Tenth Circuit Court of Appeals relied on Muniz, 496 U.S. at 601, 110 L. Ed. 2d at 552, in holding there was no constitutional violation because the questions asked fell within the booking exception); State v. Ladd, 308 N.C. 272, 286, 302 S.E.2d 164, 173 (1983) (where the suspect had been given his Miranda rights and had invoked his right to counsel, this Court relied on the language of Innis, 446 U.S. at 301, 64 L. Ed. 2d at 308, to find an exception to "interrogation" for questions related to the booking process). This exception is consistent with Innis because the Supreme Court stated that interrogation includes express questioning as well as "`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.'" Ladd, 308 N.C. at 286, 302 S.E.2d at 173 (quoting Innis, 446 U.S. at 301, 64 L. Ed. 2d at 308) (alteration in original). In an effort not to infringe upon an accused's constitutional rights, however, the exception is limited "to routine informational questions necessary to complete the booking process that are not `reasonably likely to elicit an incriminating response' from the accused." Id. at 287, 302 S.E.2d at 173.
In addition, responses to generalized questions by law enforcement officers, which are not reasonably likely to elicit incriminating responses, are admissible. See State v. Gray, 347 N.C. 143, 171, 491 S.E.2d 538, 549 (1997) (asking whether the defendant needed anything was not designed to elicit an incriminating response), cert. denied, 523 U.S. 1031, 140 L. Ed. 2d 486 (1998); State v. Vick, 341 N.C. 569, 581, 461 S.E.2d 655, 662 (1995) (police captain's statements during the fingerprinting process that he would talk with the defendant later and answer any of the defendant's questions at that time were not intended or expected to elicit an incriminating response). Moreover, law enforcement officers can respond to questions posed by a defendant without violating Innis or Edwards. See State v. McQueen, 324 N.C. 118, 132, 377 S.E.2d 38, 46-47 (1989) (holding the law enforcement officer's willingness to respond to the defendant's questions and the actual answers given were not "words or actions . . . [the law enforcement officer] should have known were reasonably likely to elicit an incriminating response" pursuant to Innis, 446 U.S. 291, 64 L. Ed. 2d 297, and the defendant's statements and questions were voluntary pursuant to Edwards, 451 U.S. 477, 68 L. Ed. 2d 378).
In the instant case, the transcript of the pretrial hearing concerning Tilmon's motion to suppress reveals that Agent Godfrey and Detective Casey questioned Tilmon on 23 September 1997. Agent Godfrey advised Tilmon of his constitutional rights. Tilmon stated he wanted to talk with a lawyer. Thereafter, Agent Godfrey informed Tilmon they could not ask Tilmon about his involvement in the shootings of Trooper Lowry and Deputy Hathcock because he had requested to speak with an attorney, but Agent Godfrey told Tilmon they did need to obtain biographical information and background data for the arrest report. Subsequently, Agent Godfrey asked Tilmon for his full name, address, height, weight, next of kin, place of employment, and grade of education he had completed. Then Tilmon asked Agent Godfrey where he would be kept until his trial. Agent Godfrey responded that he would be kept in the Cumberland County jail. Tilmon then informed Agent Godfrey that he was a vegetarian and that his religion allowed him to eat only fish and prohibited anyone from cutting his hair or taking anything from his body. Agent Godfrey asked the name of Tilmon's religion so he could inform jail
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 North Carolina DUI Attorneys
DUI Lawyers
|