State v. Alston
State v. Alston
Opinion of the Court
AFFIRMED.
Dissenting Opinion
dissenting.
I respectfully dissent.
Alston was in jail on an unrelated violation of probation charge when Officer Bellamy attempted to interrogate him on a potential sexual battery charge. When he was brought to the interrogation room, Bellamy indicated to him that she wanted to talk to him about “the girl he had sex with and about his wallet” but that first she would have to advise him of his rights. Before the rights were read, Alston requested an attorney.
According to Bellamy, the only witness at the suppression hearing, she asked no questions concerning the purported sexual battery and was gathering her papers to leave when Alston said something to the effect that “it didn’t happen that way with that girl.” On motion, the court suppressed the statement finding that it was involuntary because the defendant was in custody, his rights were not read, and he requested an attorney. The court was concerned that the interview did not immediately cease upon the request being made.
My review of the record convinces me that the interview never commenced. Although Bellamy indicated to Alston the purpose of her being there, the record reflects no question ever being asked by her about the purported sexual battery. Although she responded to questions asked by Alston about how long he was going to be in jail and what was going to happen to him, not only did she not ask a question that could provoke the statement herein challenged, she asked no question at all related to the incident. The purpose of the exclusionary rule is to “punish” police misconduct. Here, Bellamy did noth
I would reverse.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.