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New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements
by Douglas Ankney
The Court of Appeals of New York declined to adopt a per se rule that a handcuffed person is “in custody” for purposes of Miranda v. Arizona, 384 U.S. 436 (1966). Nevertheless, the Court held that the handcuffed and un-Mirandized defendant was in custody for purposes of ...
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More from this issue:
- Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings
- Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, by David Reutter
- Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret, by Jo Ellen Nott
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, by Anthony Accurso
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, by Matthew Clarke
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, by Douglas Ankney
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, by Anthony Accurso
- What Happens When Prosecutors Offer Opposing Versions of the Truth?, by Ken Armstrong
- New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements, by Douglas Ankney
- Research Shows It Makes Sense to Hire Individuals with Criminal Records, by Jo Ellen Nott
- Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay, by Douglas Ankney
- AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique, by Jo Ellen Nott
- Does the Fourth Amendment Protect Cellphones at the Border?, by Douglas Ankney
- New York Governor Signs Law Sealing Millions of Criminal Records From Public View, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial, by David Reutter
- California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, by Anthony Accurso
- Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination, by Anthony Accurso
- Tracking Your Cellphone Might Be Easier Than You Think, by Michael Thompson
- Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence, by David Reutter
- Time Served Under the First Step Act: Reduction, Not Revolution, by Jo Ellen Nott
- One Year of New Orleans Police Department Facial Recognition Data, by Michael Thompson
- Police Bodycams: If You Film It …, by Michael Thompson
- The FBI’s Rapidly Expanding DNA Database, by Anthony Accurso
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, by Dale Chappell
- ‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole, by Jo Ellen Nott
- New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error, by David Reutter
- Potential Dangers of Medical Monitors, by Michael Thompson
- FBI’s Bias for Keywords, by Carlo Difundo
- Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction, by Jo Ellen Nott
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, by Anthony Accurso
- News in Brief
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More from Douglas Ankney:
- Tenth Circuit Upholds Nearly $8.8 Million Judgment for Utah Jail Death, June 1, 2025
- $1.2 Million in Settlements Reached in Suit Over Sacramento Jail Murder, May 1, 2025
- Eleventh Circuit Revives Volunteer Pastor’s First Amendment Claim at Georgia Jail, May 1, 2025
- Wellpath Sanctioned for Discovery Violation in Suit Over Kentucky Prisoner’s Death, May 1, 2025
- Second Circuit Revives Connecticut Prisoner’s Challenge To Conditions In Virginia Lockup Where He Was Transferred, May 1, 2025
- Missouri Pays More Than $1.2 Million for Deputy Warden’s Sexual Harassment Claim Against Warden, May 1, 2025
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
- Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti, April 15, 2025
- Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of Participants as Required by Guidelines §1B1.1, April 15, 2025
- Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, April 1, 2025
More from these topics:
- California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393, Sept. 1, 2024. Sentence Enhancements/Departures, Computer Use Enhancement, Public Safety Exception, Presumption of Dangerousness.
- Oregon Supreme Court Rules Police Questioning of Probationer in Probation Officer’s Secure Office Absent Miranda Warning Constitute ‘Compelling Circumstances’ and Suppresses Statements, June 15, 2024. Miranda, Custodial Interrogations, Interrogation, In Custody.
- The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents, Feb. 15, 2024. Commentary/Reviews, Wrongful Conviction, Confessions - Admissibility, Impeachment Evidence/Purposes, Miranda, Interrogation, In Custody, Confessions and Statements of Defendant, Voluntary Nature/Voluntariness.
- Rhode Island Supreme Court: DUI Suspect Was in ‘Custody’ so Un-Mirandized Roadside Statements Properly Suppressed, Nov. 15, 2022. Motions To Suppress, In Custody.
- Incarcerated Persons Not In-Custody for Miranda Purposes, July 1, 2021. In Custody.
- Washington Supreme Court: Defendant Detained for Search at Border Was ‘In Custody’ for Miranda Purposes, July 15, 2020. Searches - Automobile, In Custody.
- U.S. v. Flores-Mejia, No. 12-3149 (3rd Cir.) (759 F.3d 253) (July 16, 2014) (Judge Jane R. Roth), July 28, 2014. Punch And Jurists, Preservation of Issues.
- U.S. v. Ferguson, No. 11-3806-cr (2nd Cir.) (702 F.3d 89) (December 6, 2012) (Judge Robert A. Katzmann), Dec. 1, 2012. Punch And Jurists, Public Safety Exception.
- U.S. v. Murphy, No. 11-2978-cr (2nd Cir.) (703 F.3d 182) (December 4, 2012) (Judge Raymond J. Jr. Lohier), Dec. 1, 2012. Punch And Jurists, In Custody.
- U.S. v. Simmons, No. 10-1526-cr (2nd Cir.) (661 F.3d 151) (October 26, 2011) (Judge Barrington D. Jr. Parker), Dec. 1, 2011. Punch And Jurists, Public Safety Exception.
