State v. Allen

STEELMAN, Judge.

Where the trial court’s findings of fact support its conclusion of law that defendant was not in custody when he was treated in the hospital and answered questions posed by officers investigating the dispute in which he had been involved, the trial court properly denied his motion to suppress the statements. Where an officer merely stated the charges being brought against defendant after he had invoked his constitutional right to counsel, it is not an “interrogation” and the trial court properly denied defendant’s motion to suppress any volunteered statements by defendant.…