Spence v. State

We granted an application for interlocutory appeal filed by the appellant, Lemuel Spence, to consider whether the trial court erred in ruling that Spence’s confession was admissible in evidence and that evidence discovered during a search of Spence’s residence was admissible. For the reasons that follow, we conclude that the trial court erred in ruling that Spence’s confession was admissible in evidence, but that the court properly ruled that the evidence discovered during the search was admissible. Accordingly, we affirm the trial court’s judgment in part and reverse it in part. 1. On September 20, 2003, Spence was arrested for the rape of Latasha Files. The rape case is unrelated to the present murder case, which stems from the stabbing death of Tereon Grant. After his arrest for rape, Spence was interrogated by Detective Quinn regarding the murder of Grant. During the interrogation, Spence was read his Miranda rights, which he signed. In the first hour of the interrogation, Spence said nothing to implicate himself. Spence then broke down in tears and asked if he could talk to his girlfriend. At that point, the following exchange took place: Quinn: “Just you and me, just you and me.” Spence: “I’m just scared when I go to jail, everybody gonna know I said something.” Quinn: “Lem, ain’t nobody saying nothing, this is confidential. Nobody knows what you’re there for. What are you talking about I don’t understand.” Spence: “I mean, not what I’m there for. I mean I don’t want anybody to think that I unintelligible.” Quinn: “No, that’s not going to happen. This is confidential what we’re doing right here. Do you understand that. This is confidential. . .” Spence: “. . .what happened.” Quinn: “Tell me what happened down there, Lem. What happened down there.” After this last statement by Detective Quinn, Spence gave a statement incriminating himself in the murder.

Later on the same day as the interrogation, Detective O’Brien, who was investigating the rape case, received a warrant to search “4900 Delano Road Apartment D-2″ in Fulton County. O’Brien’s affidavit in support of the warrant specified the address of the premises to be searched, the items sought, and briefly described the alleged rape to which the items related.