The Sixth Circuit, sitting en banc, recently decided a very interesting Miranda case. Garner v. Mitchell, available here, is a capital case. The defendant stole a woman’s purse, took a…
…place was closed but not locked. The juvenile was not given Miranda warnings or the “juvenile Miranda” warnings required prior to custodial interrogations by G.S. 7B-2101, and he made incriminating…
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…
…Miranda protections, and that this rendered his post-Miranda warning statements involuntary. The district court denied the motion, finding that agents did not intentionally circumvent Miranda and that the Miranda warnings…
…to administer Miranda warnings. The federal district court judge determined that the Miranda warnings are prophylactic in nature and that a failure to administer them in not in itself a…
…the defendant invoked the privilege against self-incrimination before or after Miranda warnings were administered. A defendant’s silence following the issuance of Miranda warnings may not be used against him for…
…Miranda v. Arizona, 384 U.S. 436, 444 (1966). In North Carolina, in addition to the regular Miranda warnings, juveniles must also be informed of their right to have a parent,…
…by DOD authorities in an effort to circumvent his Miranda rights. When law enforcement utilizes a two-step process, whereby the defendant is interrogated without Miranda warnings, confesses, and then later…
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…
…evidence; (2) Certain spontaneous statements by the defendant were not in response to police questioning and did not implicate Miranda; other statements by the defendant may have implicated Miranda but…
