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Archive: 2016/07/26

Court of Appeals Rules That Probationer Was Not in Custody When Handcuffed for Safety Reasons

Generally, custody occurs under Miranda when a suspect is handcuffed even if the suspect is not informed that he or she is under arrest for a crime. However, there are exceptions, as evidenced by the recent North Carolina Court of Appeals ruling in State v. Barnes (July 19, 2016), which is the subject of this post.

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