Smith's Criminal Case Compendium
Table of Contents
State v. Herrera, 195 N.C. App. 181 (Feb. 3, 2009)
The police did not impermissibly interrogate the defendant after he requested a lawyer by offering to allow him to speak with his grandmother by speaker phone. Once the defendant stated that he wished to have a lawyer, all interrogation ceased. However, before leaving for the magistrate’s office, an interpreter who had been working with the police, informed an officer that he had promised to let the defendant’s grandmother know when the defendant was in custody. The officer allowed the interpreter to use a speaker phone to call the grandmother to so inform the grandmother. When the interpreter asked the defendant if he wanted to speak with his grandmother, the defendant responded affirmatively. While on the phone with his grandmother, the defendant admitted that he did the acts charged. The grandmother urged him to tell the police everything. Thereafter, the defendant indicated that he wanted to make a statement, was given Miranda warnings, waived his rights, and made a statement confessing to the crime.