State v. Hensley, 201 N.C. App. 607 (Jan. 5, 2010)

The defendant was subject to interrogation within the meaning of Miranda when he made incriminating statements to a detective. The detective should have known that his conduct was likely to elicit an incriminating response when, after telling the defendant that their conversation would not be on the record, the detective turned discussion to the defendant’s cooperation with the investigation. Also, the detective knew that the defendant was particularly susceptible to an appeal to the defendant’s relationship with the detective, based on prior dealings with the defendant, and that the defendant was still under the effects of an attempted overdose on prescription medication and alcohol. Additionally the defendant testified that he knew that the detective was trying to get him to talk.