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State v. Hardy

Based on the totality of the circumstances, the defendant voluntarily waived his Miranda rights prior to implicating himself in a sexual relationship with a minor.

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Following a Jackson-Denno 1 hearing, the State appeals from the trial court’s order suppressing custodial statements given by James Hardy. The State contends that the trial court erred in ruling that Hardy did not voluntarily waive his Miranda rights. We agree. On appeal from a ruling on a motion to suppress, “the trial court’s findings as to disputed facts will be upheld unless clearly erroneous and the trial court’s application of the law to undisputed facts is subject to de novo review.” Punctuation omitted. State v. Davison .2 So viewed, the record shows that a police officer on truancy patrol encountered M. H., a juvenile, in a public park during school hours. As the officer spoke to M. H., Hardy called M. H.’s cell phone, and M.H. told the officer Hardy was his uncle, whom M. H. had planned to meet at the park. When M. H. could not explain his reason for meeting Hardy at the park, the officer took M. H. to the city truancy center. On their way to the truancy center, Hardy again called M. H.’s cell phone and spoke with the truancy officer, who told the caller he could pick up M. H. at the truancy center.

When Hardy arrived at the truancy center, he was unable to identify M. H.’s last name, despite telling an officer that he was M. H.’s uncle. After Hardy confessed that he was not actually M. H.’s uncle, Hardy was handcuffed and taken to the police precinct to allow police there to investigate Hardy’s relationship with M.

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