Does Miranda Apply When Defendant’s Lawyer is Present?

If you type “miranda” into the search box on this blog, it will return more than 50 posts covering a wide range of related topics: the meaning of custody, deficient warnings, knowing and voluntary waivers, ambiguous assertion of rights, special rules for juveniles, readvising and reinterviewing, public safety exceptions, and many, many others. But I … Read more

New North Carolina Appellate Cases on the Meaning of Custody Under Miranda v. Arizona

Probably the most litigated issue involving Miranda v. Arizona is the meaning of custody under its ruling that requires law enforcement officers to give prescribed warnings when conducting custodial interrogation. My last post (May 24, 2016), available here, discussed the custody issue involving traffic stops. Since then there have been three published North Carolina appellate … Read more

The Meaning of Custody During Traffic Stops Under Miranda v. Arizona and Berkemer v. McCarty

The 50th anniversary of the landmark ruling in Miranda v. Arizona, 384 U.S. 436 (1966), will occur in a few weeks on June 13. As everyone knows, the case required a set of warnings and waiver of rights before a statement obtained during custodial interrogation could be introduced during the government’s presentation of its evidence … Read more

N.C. Court of Appeals Rules That Defendant Did Not Make An Unambiguous Assertion of Right to Counsel Under Miranda to Bar Officer’s Custodial Interrogation

The United States Supreme Court and North Carolina appellate courts have ruled that a defendant must make an unambiguous request for counsel under Miranda to bar an officer’s custodial interrogation. A week ago, the North Carolina Court of Appeals in State v. Taylor (April 19, 2016), ruled that the defendant did not make an unambiguous … Read more

References to the Defendant’s Assertion of Miranda Rights

Sometimes the state wants to introduce evidence that the defendant invoked his right to remain silent or his right to counsel under Miranda. If the prosecution’s purpose is simply to imply the defendant’s guilt, we know that’s improper from Miranda itself: “In accord with our decision today, it is impermissible to penalize an individual for … Read more

J.D.B., the Supreme Court, and Miranda

As I noted last week, the Supreme Court of the United States just decided J.D.B. v. North Carolina, an important Miranda case. I blogged about the case here when it was decided by the state supreme court, and it’s worth taking another look at it now. I previously summarized the facts as follows: Chapel Hill … Read more

Miranda and Field Sobriety Tests

Normally, field sobriety tests are administered before an arrest is made, as part of an officer’s investigation into a possible DWI. In that case, it’s clear that the officer need not read the driver his Miranda rights before administering the tests. The driver isn’t in custody — he’s just the subject of a traffic stop … Read more

Are Terry Stops “Custodial” for Miranda Purposes?

I used to answer this question “no.” But even though the United States Supreme Court recently said exactly that, see Maryland v. Shatzer, __ U.S. __, 130 S. Ct. 1213 (2010) (“[T]he temporary and relatively nonthreatening detention involved in a traffic stop or Terry stop does not constitute Miranda custody.”), I think the correct answer … Read more

Terrorists, Miranda, and the Public Safety Exception, Part II

Yesterday, I noted that the public safety exception to Miranda has been invoked in two recent terrorism cases to justify delaying the administration of Miranda warnings. A commenter correctly identified the seminal case in this area: New York v. Quarles, 467 U.S. 649 (1984). In Quarles, a woman approached two police officers, told them that … Read more

Terrorists, Miranda, and the Public Safety Exception, Part I

As everyone knows, a car bomb was recently found, and defused, in New York City. The New York Times summarizes the basic facts as follows: A crude car bomb made from gasoline, propane, firecrackers and alarm clocks was discovered in a smoking Nissan Pathfinder in the heart of Times Square on May 1, 2010, prompting … Read more