United States Supreme Court to Review In re J.D.B.

I blogged here about In re J.D.B., a juvenile case in which the North Carolina Supreme Court held that a 13-year-old, questioned in an unlocked school conference room by police officers and an assistant principal about the student’s role in several residential break-ins, was not in custody for Miranda purposes. The court stated that “[f]or … Read more

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 (2010) (“[T]he temporary and relatively nonthreatening detention involved in a traffic stop or Terry stop does not constitute Miranda custody.”), I think the correct answer … Read more

Criminal Law Blog — Vacation Edition

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 Bulletin. It is an excellent explanation of Maryland v. Shatzer, the Miranda decision about which I blogged here. I am still getting quite a few … Read more

Berghuis v. Thompkins

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 claim.) The basic facts, taken from the Court’s syllabus, are as follows: After advising respondent Thompkins of his rights, in full compliance with Miranda v. … Read more

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 the seminal case in this area: New York v. Quarles, 467 U.S. 649 (1984). In Quarles, a woman approached two police officers, told them that … Read more

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 from gasoline, propane, firecrackers and alarm clocks was discovered in a smoking Nissan Pathfinder in the heart of Times Square on May 1, 2010, prompting … Read more

The Supreme Court on Miranda: Shatzer and Powell

The United States Supreme Court has decided two Miranda cases in the past two days. The prosecution won both cases. Tuesday, the Court decided Florida v. Powell. In Powell, the defendant was arrested, apparently for robbery. Before questioning him, the police told him, inter alia, that “[y]ou have the right to talk to a lawyer … Read more

Personal Characteristics and “Custody” for Miranda Purposes

The North Carolina Supreme Court recently decided In re J.D.B., a close and interesting juvenile case. I mentioned it briefly here when it divided the court of appeals. It has implications well beyond the juvenile context, which I’ll unpack at the end of this post. The basic facts are as follows: Chapel Hill police suspected … Read more

Montejo v. Louisiana

Two big developments at the United States Supreme Court. First, President Obama nominated Judge Sonia Sotomayor to replace Justice David Souter. The New York Times story is here, some News and Observer coverage is here, and SCOTUSblog has some interesting tidbits here. This post will focus not on Judge Sotomayor — who, most think, won’t … Read more