State v. Gwaltney

BROCK, Chief Judge.

Defendant argues that the failure of the investigating officer to advise defendant of her Miranda rights before question ing her at the hospital renders her admission that she was driving the automobile inadmissible and that since this was the only evidence of who was driving, the arrest of defendant was unconstitutional.

The findings by the trial court on voir dire accurately sum up the situation:

“ . . . that the defendant had not been placed under arrest at the time of the preliminary questioning by Officer Bullock nor was she in custody of the said officer and . . . the…