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Pinckney v. State

The use of trickery or deceit to obtain a confession does not render the confession inadmissible.

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We granted Antonio Terrell Pinckney’s application for interlocutory review of the superior court’s order denying his motion to suppress certain statements he made to police. For reasons which follow, we conclude that the trial court correctly determined that Pinckney was not in custody when he gave his statements to the officers, and that he made the statements voluntarily.

After receiving reports that Pinckney had molested a neighbor’s eight-year-old child, officers called 18-year-old Pinckney and asked him to come to the station for an interview. Pinckney scheduled a time for the interview, but had transportation problems and was unable to get to the station. The officers then called him and asked if they could make an appointment to come by and talk to him at his apartment. Pinckney agreed. When the two police officers arrived, other family members were in the apartment with Pinckney. The officers asked Pinckney to come sit in their car so that the family would not hear the conversation. The car was not a marked police unit and Pinckney sat in the back seat of the unlocked car, and the two officers sat in the front. The statement was audiotaped.

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