seniorjudge
Senior Member
What is the name of your state (only U.S. law)? Dazed and confused
After arrest and administration of Miranda warnings to defendant, detective's statement that defendant and codefendant should not "laugh so much" because police found fingerprints at scene of crime, was not specifically addressed to defendant, and was not intended or reasonably likely to elicit response; thus, defendant's response "[y]ou won't find my prints[,] I was wearing gloves" was admissible as spontaneous or volunteered statement.
People v. Hawthorne, 536 N.Y.S.2d 122 (1988)
After arrest and administration of Miranda warnings to defendant, detective's statement that defendant and codefendant should not "laugh so much" because police found fingerprints at scene of crime, was not specifically addressed to defendant, and was not intended or reasonably likely to elicit response; thus, defendant's response "[y]ou won't find my prints[,] I was wearing gloves" was admissible as spontaneous or volunteered statement.
People v. Hawthorne, 536 N.Y.S.2d 122 (1988)