| COMMONWEALTH OF PENNSYLVANIA v. CHARLES GERALD SCHWING, III No. 473 MDA 2007 2008 PA Super 292 Atlantic: 964 A.2d 8 Filed: 12/29/2008 | |
| Appeal from the Judgment of Sentence dated February 21, 2007 In the Court of Common Pleas of York County Criminal No. CP-67-CR-0002486-2006 | |
| Before: STEVENS, LALLY-GREEN, and FITZGERALD, JJ. | |
| Opinion by: FITZGERALD, J. | |
| Appellant, Charles Gerald Schwing, III, appeals from the judgment of sentence entered in the York County Court of Common Pleas, following his convictions for two counts each of involuntary deviate sexual intercourse (IDSI), indecent assault, and corruption of minors. On appeal, Appellant challenges the denial of his motion to suppress his statement to the police. We hold that a custodial interrogation does not occur when an officer advises the defendant before the interview that he is free to leave, the officer permits the defendant to leave the room unescorted to attend to personal matters, and the officer waits until after the defendant’s confession to tell the defendant he is not free to leave. We further hold that Appellant’s subsequent and proper waiver of his rights cured any prior, potential violation. Accordingly, we affirm. | |
Want 50 state & federal case law? - click here
No comments:
Post a Comment