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State v. Floyd

Trial court properly granted the defendant's motion to suppress in a rape case, since the officer read the Miranda warnings in a cursory manner and the defendant's statement was induced by the hope of benefit.

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The State appeals the trial court’s order granting Aubrey Floyd’s motion to suppress the statement he gave police following his arrest on a charge of rape. For the reasons set forth below, we affirm. In considering an appeal from a trial court’s order on a motion to suppress, this Court construes the evidence in favor of the trial court’s ruling, and we review de novo the trial court’s application of the law to undisputed facts. Additionally, we must defer to the trial court’s determination on the credibility of witnesses, and the trial court’s ruling on disputed facts must be accepted unless it is clearly erroneous. Schramm v. State , 286 Ga. App. 156, 158-159 648 SE2d 392 2007.1

Floyd was arrested by Atlanta Police on January 1, 2008, after a 14-year-old girl accused him of rape. He was transported to the police station for questioning where Detective Carven N. Tyus interviewed him. Tyus began the interview with Floyd by first stating that he would read his rights from a “Waiver of Counsel” form. Tyus then read the Miranda warning from the printed form. In response to the officer’s questions, Floyd indicated that he could read and write the English language and that he had attended school through the 12th grade. Floyd also confirmed that Tyus had read the form to him. At no point did Tyus ask Floyd if he understood his rights as read to him, nor did he ever ask Floyd if was under the influence of drugs or alcohol.2

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