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 […]
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. […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]