Are Terry Stops “Custodial” for Miranda Purposes? (July 14, 2010)
Jeff Welty
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 […]
BLOG
July 14, 2010
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 […]
READ POST "Are Terry Stops “Custodial” for Miranda Purposes? (July 14, 2010)"July 6, 2010
I’m on vacation this week, so my blogging will be a little lighter fare than usual. Today, I thought I’d call attention to this article in the FBI Law Enforcement […]
READ POST "Criminal Law Blog — Vacation Edition (July 6, 2010)"June 29, 2010
The Fourth Circuit decided an interesting case yesterday. The case is United States v. Young, and the interesting part isn’t just the defendant’s nickname, “DJ Nelly Nell.” The relevant facts […]
READ POST "Knock and Announce (June 29, 2010)"June 22, 2010
It was Father’s Day this Sunday, so it’s a good time for a post about family relationships. As a jumping off point, I’ll use a case that was recently highlighted […]
READ POST "Parents’ Consent to Search Childrens’ Rooms (June 22, 2010)"June 8, 2010
Last week, I posted about the second look doctrine. (You can read that post here.) Recall that the basic idea is that if the police have custody of an object […]
READ POST "The Second Look Doctrine, Part II (June 8, 2010)"June 3, 2010
On June 1, 2010, the N.C. Court of Appeals applied Arizona v. Gant in State v. Johnson and held that the defendant’s Fourth Amendment rights were violated when the police […]
READ POST "State v. Johnson and the Retroactivity of Gant (June 3, 2010)"June 2, 2010
Yesterday, the United States Supreme Court decided Berghuis v. Thompkins, an important Miranda case. (There are other issues in the case, too, but this post will focus on the Miranda […]
READ POST "Berghuis v. Thompkins (June 2, 2010)"May 27, 2010
Consider the following scenario. The police arrest Sam Suspect and charge him with murdering his wife, Vicky Victim. The arrest is based on a statement from Frank Friend, one of […]
READ POST "The “Second Look” Doctrine, Part I (May 27, 2010)"May 26, 2010
The News and Observer reports today on “a proposal to collect DNA from suspects when they are arrested for felonies or violent crimes.” The bill in question is H1403, and […]
READ POST "Collecting Arrestees’ DNA (May 26, 2010)"May 11, 2010
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 […]
READ POST "Terrorists, Miranda, and the Public Safety Exception, Part II (May 11, 2010)"