Smith v. State

Bernard Smith appeals his judgment and sentence, arguing that the trial court erred in admitting his statement that he did not have “any more crack cocaine in him” when questioned by police officers after they saw him spit out several pieces of a partly-chewed substance which the officers recognized from their experience to be crack cocaine. At the time Mr. Smith made the statement to the officers, he had not been administered the warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The state asserts that Mr. Smith’s pre-Miranda statement was admissible…