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State v. Lee

A hope of benefit given after a defendant has already confessed cannot be said to have induced his confession.

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Jonathan Edward Lee was charged with electronically furnishing obscene material to a minor. The trial court granted Lee’s motion to suppress the inculpatory statements he made during a police interview. The state now appeals. We affirm in part and reverse in part. Construed in favor of the trial court’s ruling,1 the record reflects that the parents of the victim, a minor, contacted the Warner Robins Police Department after they found four pornographic photographs on the victim’s cell phone. A police investigation revealed that the photographs had been transmitted to the victim from a cell phone owned by Lee. Consequently, detectives arrested Lee for electronically furnishing obscene material to a minor under OCGA § 16-12-100.1.

After being transported to the police station, Lee was placed in an interview room and advised of his constitutional rights under Miranda v. Arizona , 384 U. S. 436 86 SC 1602, 16 LE2d 694 1966. Lee then agreed to speak with a detective. During the interview, which was videotaped, Lee admitted that he had been communicating with the victim over the phone and had been sending him pornographic photographs. Lee further admitted that he knew the victim was a minor and apologized for what he had done.

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