This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during July 2024. Cases of potential interest to state practitioners are summarized monthly….
…to ask questions about drug activity. Generally, Miranda protections don’t apply to questioning of a motorist during a routine traffic stop because the motorist isn’t in custody. Berkemer v. McCarty,…
…U.S.C. § 2254 holds that a prisoner is always “in custody” for purposes of Miranda any time that prisoner is isolated from the general prison population and questioned about conduct…
…Department’s Spanish translation of Miranda warnings did not render warnings inadequate as adequacy is determined by whether warnings reasonably convey Miranda rights). For example, providing a copy of implied consent…
…of criminal or delinquent behavior are entitled to enhanced procedural protections, such as the additional Miranda-type rights set forth in G.S. 7B-2101. Minors may consent to searches. In light of…
…statutory warnings and rights to a young person that provides the person with additional protections beyond the federal constitutional warnings and rights set out in Miranda v. Arizona, 384 U.S….
…statement obtained through a Miranda violation). State v. Vick, 130 N.C. App. 207 (1998) (the defendant’s statement to the officers during the execution of the search warrant, that cocaine was…
…in a sexual manner. The detectives then informed defendant of his Miranda rights, providing a written copy in Spanish and obtaining a Spanish translator to inform him of his rights,…
…likely to waive their Miranda rights after being tased. In addition, the study reportedly suggests that “Taser-exposed” suspects may experience cognitive declines that could influence whether their Miranda waivers are…
…opinion, I am troubled by its reliance on the so-called juvenile Miranda rules as a basis for the regulation of lawyers’ professional conduct. The proposed opinion’s basis for importing the…
