Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Criminal Offenses
Drug Offenses
State v. Carter, 212 N.C. App. 516 (Jun. 21, 2011)
The defendant was not in custody when he made a statement to detectives. The defendant rode with the detectives to the police station voluntarily, without being frisked or handcuffed. He was told at least three times — once in the car, once while entering the police station, and once at the beginning of the interview — that he was not in custody and that he was free to leave at any time. He was not restrained during the interview and was left unattended in the unlocked interview room before the interview began. The defendant was not coerced or threatened. To the contrary, he was repeatedly asked if he wanted anything to eat or drink and was given food and a soda when he asked for it.