Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Criminal Offenses
Drug Offenses
State v. Brown, 204 N.C. App. 567 (Jun. 15, 2010)
A SBI Agent’s testimony at the suppression hearing supported the trial court’s finding that the Agent advised the defendant of his Miranda rights, read each statement on the Miranda form and asked the defendant if he understood them, put check marks on the list by each statement as he went through indicating that the defendant had assented, and then twice confirmed that the defendant understood all of the rights read to him. The totality of the circumstances fully supports the trial court’s conclusion that the defendant’s waiver of Miranda rights was made freely, voluntarily, and understandingly.