State v. Littlejohn

In State v. Littlejohn, 340 N.C. 750, 459 S.E.2d 629 (1995), the North Carolina Supreme Court held that the defendant's statement was not obtained by a violation of N.C. Gen. Stat. 15A-501(2) where there was a thirteen-hour delay between the time the defendant was taken into custody and the time he was taken before a magistrate. During this delay, the officers interrogated the defendant for ten hours before he confessed. The defendant argued that if he had been taken before the magistrate and advised of his rights earlier, he would not have made the statement. However, as the officers had fully advised the defendant of his constitutional rights before the interrogation began, the Court reasoned that even if the defendant had been taken before a magistrate, he would have been advised of those same rights. "We cannot hold that the defendant would have exercised his right to remain silent if he had been warned of this right by a magistrate rather than the officer." Id. at 758, 459 S.E.2d at 634.