State v. Allen, 200 N.C. App. 709 (Nov. 3, 2009)

The defendant was not in custody while being treated at a hospital. Case law suggests that the following factors should be considered when determining whether questioning in a hospital constitutes a custodial interrogation: whether the defendant was free to go; whether the defendant was coherent in thought and speech, and not under the influence of drugs or alcohol; and whether officers intended to arrest the defendant. Additionally, courts have distinguished between questioning that is accusatory and that which is investigatory. On the facts presented, the defendant was not in custody. As to separate statements made by the defendant at the police station, the court held that although interrogation must cease once the accused invokes the right to counsel and may not be resumed without an attorney present, an exception exists where, as here, the defendant initiates further communication.