State v. Simpson

• Decision Date: 08 July 1981
• Docket Number: No. 20,20
• Citation: State v. Simpson, 303 N.C. 439, 279 S.E.2d 542 (N.C. 1981)
• Parties: STATE of North Carolina v. Herman K. SIMPSON.
• Court: North Carolina Supreme Court

Page 542

279 S.E.2d 542

303 N.C. 439

STATE of North Carolina v. Herman K. SIMPSON.

No. 20.

Supreme Court of North Carolina.

July 8, 1981.

Asst. Public Defenders John G. Britt, Jr., and Orlando F. Hudson, Jr., Fayetteville, for defendant.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen., John R. B. Matthis and

Asst. Atty. Gen., Acie L. Ward, Raleigh, for the State.

COPELAND, Justice.

Defendant argues five assignments of error on appeal. We have carefully reviewed each assignment and find that the trial court committed no error which would entitle defendant to a new trial.

Defendant first argues that the trial court erred in denying his motion to suppress his inculpatory statement made to law enforcement officers on 12 April 1976 at the Police Administration Building in Philadelphia. He contends that when law enforcement officers requested that he accompany them to the Police Administration Building, he was "arrested" without a warrant and without probable cause, in violation of his Fourth Amendment right not to be unreasonably seized. He further submits that any statements he made subsequent to this "arrest" are the fruits of and tainted by the illegal arrest, and therefore inadmissible under the holdings of Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975) and Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979).

The trial judge held a voir dire on defendant's motion to suppress, after which he entered the following conclusions of law:

"The Court concludes that the defendant intelligently, intentionally and voluntarily accompanied police officers from his hotel room to the Police Administration Building in Philadelphia on April 12, 1976, for the purpose of talking with them and answering their questions concerning any knowledge that he had of or arising out of the aforementioned Kinlaw killing on March 21, 1976 ...

That the defendant was fully advised of, understood and intentionally and intelligently waived his constitutional right to remain silent and to legal counsel and talked with and answered questions put to him by Philadelphia and North Carolina law enforcement officers concerning the aforementioned ... homicide; and that any and all statements made by defendant to said law enforcement officers were freely, voluntarily, understandingly and intentionally made and that no threat of physical or mental violence of any nature or promise or assurance of reward of any nature was made to the defendant by said law enforcement officers as an inducement to the defendant to make statements and furnish information to them;

That the defendant was not restrained of his liberties by law enforcement officers until the aforementioned Philadelphia fugitive warrant was served on him, but that he probably would not have been permitted to leave the Police Administration Building after Fayetteville Police Officer Dupe entered the room where he was with a warrant for defendant's arrest which had been issued by North Carolina authorities.

IT IS, THEREFORE, ORDERED that defendant's aforesaid motion to suppress evidence of statements made by the defendant to law enforcement officers at the Police Administration Building in Philadelphia, Pennsylvania, on April 12 and 13, 1976, be and the same is denied."

Since we find the trial judge's conclusions supported by competent evidence presented at the voir dire hearing, those conclusions are binding on this Court on appeal and defendant's assignment of error must be overruled. State v. Whitt, 299 N.C. 393, 261 S.E.2d 914 (1980); State v. Harris, 290 N.C. 681, 228 S.E.2d 437 (1976). The evidence presented indicated that as part of an investigation into the homicide of Willie Kinlaw, Philadelphia Police Detective Daniel Rosenstein went to the Wyneva Hotel in Philadelphia on the morning of 12 April 1976 to locate defendant for questioning. Upon finding defendant at the hotel the officers requested that he come to the Police Administration Building to answer questions concerning the Fayetteville murder. Defendant agreed to accompany the officers and was driven to the Police Administration Building in a police vehicle, arriving at approximately 9:15 a. m. He was taken to an interrogation room and left alone until 9:30 a. m., at which time Detective Rosenstein advised him of his constitutional Miranda rights. Several officers testified that defendant was not locked in the interrogation room or deprived of his liberty in any way at this time; he was free to leave upon request. Defendant was again informed of his constitutional rights at about 10:10 a. m., after which he was interviewed by Detective Rosenstein and two officers of the Fayetteville Police Department until 11:25 a. m. At that time, defendant requested and was allowed to use the bathroom, and was subsequently questioned until 1:25 p. m. Defendant was then offered food, which he refused, and was questioned until 2:45 p. m. During these interviews defendant continued to deny any participation in or knowledge of the murder of Willie Kinlaw. He was not handcuffed, arrested, or restrained of his liberties during this time. Defendant then accompanied officers to a cafeteria located within the building, returning to the interrogation room at about 3:10 p. m. He then signed a form consenting to a search of his hotel room, and signed a typewritten transcript of his exculpatory statements at approximately 5:15 p. m. The officers continued to interview defendant until 7:00 p. m., at which time defendant requested and was furnished drinking water.

At about 7:30 p. m., Officer Dupe of the Fayetteville Police Department entered the interrogation room and informed defendant that he had a warrant for his arrest, which warrant had been issued in Fayetteville. No attempt was made to serve the warrant on defendant at that time. The officers resumed their interview of defendant, at which time he confessed to the murder of Mr. Kinlaw, and asked to speak to Ms. Smith before admitting the details. He was allowed to talk to Ms. Smith and Mary Melton, after which he admitted the murder of Mr. Kinlaw, the theft of a clock radio, a revolver, and $20.00, and the fact that he had phoned Mary Melton in Philadelphia from Mr. Kinlaw's residence on the morning of 21 March 1976. It was at this point that the door to the interrogation room was locked and defendant was deprived of his liberty for the first time. Defendant's confession was reduced to a typewritten form, which defendant refused to sign, although he did inform Officer Parker of the Fayetteville Police Department that he considered the transcript to be correct. Defendant was formally arrested pursuant to a warrant at 1:25 a. m. on 13 April 1976.

Defendant places much emphasis on the testimony of Detective Rosenstein at voir dire to the effect that defendant was in his "custody" at the time they left the hotel on the morning of 12 April 1976. It is defendant's contention that this testimony establishes that he was arrested at this time. This Court has held that in determining whether an arrest has occurred, the dispositive factor is not the label which is appended to the encounter between law enforcement officers and an individual, but whether the individual has actually been deprived of his freedom of action by a "seizure" within the meaning of the Fourth Amendment. One is not arrested until law enforcement officers significantly restrict his freedom of action. Where one is free to choose whether to continue the conversation with the officers, he has not been arrested. State v. Morgan, 299 N.C. 191, 261 S.E.2d 827 (1980). An individual's voluntary agreement to accompany law enforcement officers to a place customarily used for interrogation does not constitute an arrest. United States v. Brunson, 549 F.2d 348 (5th Cir.), cert. denied, 434 U.S. 842, 98 S.Ct. 140, 54 L.Ed.2d 107 (1977); United States v. Bailey, 447 F.2d 735 (5th Cir. 1971); Doran v. United States, 421 F.2d 865 (9th Cir. 1970); State v. Morgan, supra.

In the present case, there is competent evidence which indicates that defendant voluntarily agreed to accompany law enforcement officers to the Police Administration Building on the morning of 12 April 1976. The officers did not frisk or handcuff defendant at that time. Defendant was not subjected to any physical contact with the officers until after he had made an incriminating statement. During his interrogation the officers honored each of defendant's requests for food, water, or the use of the bathroom facilities. He was not treated as though he was incarcerated. Several officers testified that had defendant asked to leave before Officer Dupe informed them that he had a warrant for defendant's arrest, he would have been allowed to go as he pleased. Thus, there is sufficient evidence in the record to support the trial judge's conclusion that defendant was not under arrest until Officer Dupe appeared with a warrant for his arrest, and defendant's contentions to the contrary are without merit.

When Officer Dupe appeared with a warrant for defendant's arrest, there was sufficient evidence before the law enforcement officers to constitute probable cause to arrest defendant, and any subsequent deprivation of his liberty was based on probable cause and therefore constitutionally valid. State v. Eubanks, 283 N.C. 556, 196 S.E.2d 706 (1973); State v. Streeter, 283 N.C. 203, 195 S.E.2d 502 (1973). The fact that defendant was not actually served with the warrant before being deprived of his liberties does not effect the constitutionality of any arrest based on probable cause. Since we have held that no illegal arrest occurred under the facts of this case, then the holdings of Brown v. Illinois, supra, and Dunaway v. New York, supra, are inapplicable and defendant's motion to suppress was properly denied. ¹

Defendant next maintains that the trial court erred in denying his motion to dismiss on the ground of double jeopardy.

He...