State v. Rollins, 363 N.C. 232

Summary

The Supreme Court of North Carolina held that conversations between a prisoner and his wife in public visiting areas of Department of Correction facilities were not confidential communications protected by North Carolina's marital communications privilege under N.C.G.S. § 8-57(c). The court concluded that the circumstances did not provide a reasonable expectation of privacy and reversed the Court of Appeals' decision ordering a new trial. The case was remanded for consideration of other assignments of error.

Holdings

1. A confidential marital communication requires a reasonable expectation of privacy and an intent that the communication be kept secret. Relevant factors include the physical location of the communication and whether other individuals were present.
2. Communications occurring during ordinary visits in public visiting areas of Department of Correction facilities are not confidential communications protected by N.C.G.S. § 8-57(c), because the incarcerated spouse has no reasonable expectation of privacy in those circumstances.

Questions Presented

1. Whether conversations between a husband and wife in public visiting areas of Department of Correction facilities are confidential communications protected by N.C.G.S. § 8-57(c).
2. Whether the trial court properly denied Rollins's motion to suppress the statements he made to his wife during the prison visits.

Disposition

reversed_and_remanded