A Hamilton County man accused of second-degree murder will have a recorded interview with Collegedale police suppressed from trial because investigators failed to read him his rights, a judge ordered.
Andrew Smith, 34, is also accused of tampering with evidence and possession of marijuana in connection with the death of his fiancee, Angela Whitt.
Smith allegedly gave fentanyl to Whitt on April 16, 2023, which led to her overdose.
Hamilton County Criminal Court Judge Amanda Dunn issued a written order in Smith’s case after hearing arguments from the defendant’s attorney, Steven Brown, and prosecutors in March. Brown filed a motion last year to suppress Smith’s statements to Collegedale police and the consent he gave investigators to search his cellphone.
Robert O’Daniel, a Collegedale police homicide investigator, testified the initial person believed to have sold fentanyl to Whitt was a drug dealer nicknamed A.B., the order states.
However, the focus of the investigation later shifted to Smith. He was interviewed by police three times, the order states.
Investigators did not read Smith his Miranda rights — the rights to remain silent and have an attorney present — during his first interview, Dunn ruled.
Smith also never expressly waived that right at any point during the interview.
“It was the defendant who initiated conversation with law enforcement and spent a significant amount of time speaking cordially with officers about his recollection of events leading up to Ms. Whitt’s death,” the order states. “As the interview progressed, it became clearer to the defendant that he was a potential suspect and he became less candid in his responses.”
Smith’s recorded interview will not be admitted at trial due to the apparent violation of the Fifth Amendment, which protects those accused of crimes from self-incrimination, Dunn ordered.
About an hour into the initial interrogation, O’Daniel also asked to search Smith’s cellphone, the order states.
He told Smith he would obtain a warrant if he did not allow the search. Smith gave his password and his consent.
Brown argued Smith’s consent was tainted because it was given after a rights violation.
Tennessee case law does not support this argument, Dunn ruled. Several other criminal cases have created legal precedent on the matter.
Police findings during a voluntary search cannot be tainted by a Fifth Amendment violation when the evidence is not of a testimonial or communicative nature, according to the ruling.
Smith voluntarily gave consent multiple times without coercion or duress, Dunn ruled, so the search of Smith’s cellphone can be admitted as evidence at trial.
Smith was released from the Hamilton County Jail. He is scheduled to appear on July 17 in front of Dunn.
Contact Sofia Saric at ssaric@timesfreepress.com or 423-757-6476.