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 exceptions, as evidenced by the recent North Carolina Court of Appeals ruling in State v. Barnes (July 19, 2016), which is the subject of this post.
When a person is arrested while in possession of drugs and is taken to the jail in handcuffs, may the person properly be convicted of possessing drugs in a confinement facility? The question has divided courts across the country. Last week, a majority of the court of appeals concluded that the answer is yes. State … Read more