Hibbert v. State

393 S.E.2d 96, 195 Ga. App. 235, 1990 Ga. App. LEXIS 460

• Court: Court of Appeals of Georgia
• Decided: March 16, 1990
• Docket: A89A1905
• Status: Published

Opinions

Deen, Presiding Judge.

Lascelles Hibbert was convicted of trafficking in cocaine in an amount exceeding 400 grams in weight. Driving north from Florida, he was stopped for improper tag display near Richland, Georgia. During the brief stop, the state trooper ascertained the car was a rental car and asked Hibbert where he was going; Hibbert stated he was driving to Fort Benning, Georgia, to visit a friend, but he could not name the friend nor give an address or phone number, or a place of contact. His suspicions thus aroused, the trooper asked permission to search the vehicle, and Hibbert agreed.

When the trooper looked in the trunk, he noticed that the carpet appeared to have been tampered with. He pulled back the carpet and discovered a taped brown-wrapped package which contained a substance he field-tested to be cocaine. Hibbert disavowed all knowledge of the package and its contents.

Thereafter, when Hibbert was arrested and given a Miranda warning, he did not speak further until taken to the station. Later, at the station, GBI Agent Bracewell conducted an interview with Hibbert. At first Hibbert signed a waiver of rights, but then Hibbert stated he wanted an attorney before he spoke. The agent told Hibbert the interview was terminated, and then proceeded to ask him routine questions incident to completing an arrest report. He asked biographical questions about Hibbert and for the names and addresses of Hibbert’s family members. According to the agent, appellant “hesitated when I started asking him his family’s names and addresses and that’s when I noted that he seemed concerned in giving me that answer ... he just seemed like something was weighing heavily upon him and that’s when he said he’d like to speak to [us] in confidence.” He said something like, “Can I tell y’all something? Can I talk to y’all[?]” and he seemed scared. Even though the agent again warned Hibbert of his right to an attorney, Hibbert insisted on talking; “he stated the reason he wanted to [talk] was he was concerned with his family’s safety in Miami.”

Although he still disavowed any knowledge of what was in the package, Hibbert revealed the name (Sharpe) and location of his intended contact. Subsequently Hibbert, wearing a body bug, “delivered” the package to Sharpe, who was thereupon arrested. All of these facts were admitted in evidence.

Hibbert appeals his conviction on grounds that the continued interrogation was constitutionally illegal, and that the resulting confession and statements were illegally admitted. Held:

After a suspect in custody has invoked his right to counsel, subsequent interrogation is strictly prohibited unless initiated by the suspect. Michigan v. Jackson, 475 U. S. 625 (106 SC 1404, 89 LE2d 631) (1986). However, it must be emphasized that the prohibition is against interrogation, not all communication between suspect and police. The routine inquiry concerning identification of the appellant’s family members, having nothing to do with the criminal investigation, cannot reasonably be considered interrogation.

“[T]he term ‘interrogation’ under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect. The latter portion of this definition focuses primarily upon the perceptions of the suspect, rather than the intent of the police. This focus reflects the fact that the Miranda safeguards were designed to vest a suspect in custody with an added measure of protection against coercive police practices, without regard to objective proof of the underlying intent of the police. A practice that the police should know is reasonably likely to evoke an incriminating response from a suspect thus amounts to interrogation. But, since the police surely cannot be held accountable for the unforeseeable results of their words or actions, the definition of interrogation can extend only to words or actions on the part of police officers that they should have known were reasonably likely to elicit an incriminating response.” Rhode Island v. Innis, 446 U. S. 291, 301-302 (100 SC 1682, 64 LE2d 297) (1980).

In this case, following termination of the interrogation, the officer proceeded to complete a standard form used by the department as an arrest record, which inquired as to names and addresses of family members. Arrest records are mandatory under OCGA § 17-4-27, and routinely inquiring about names and addresses of family members serves two very reasonable purposes: (1) it identifies someone to contact in case of medical emergency; and (2) it provides a reference point in case the defendant escapes. This inquiry was normally attendant to arrest and custody, and had absolutely nothing to do with the interrogation regarding the criminal offense under investigation. Accordingly, Hibbert’s subsequent, self-initiated statement was not unlawfully obtained.

Judgment affirmed.

McMurray, P. J., Banke, P. J., Pope and Beasley, JJ., concur. Carley, C. J., Birdsong, Sognier and Cooper, JJ., dissent.