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 Miranda, so incriminating statements that he made must be suppressed.
Acting on a tip from South Carolina police that Ramon Cabrera was transporting firearms into New York without a New York State Carry Permit (“NYS Permit”), Detective Kevin Muirhead and Lieutenant Peter Carretta of the New York City Police Department and Special Agent Adam Schultz of the Bureau of Alcohol, Tobacco, Firearms and Explosives staked out the home of Cabrera’s mother. When Cabrera arrived at about 10:00 p.m., the officers pulled in behind his vehicle.
As Cabrera exited his vehicle, the officers approached him and identified themselves as police officers. In response to Muirhead’s questions, Cabrera identified himself and explained that the home belonged to his mother. Cabrera was handcuffed at that point. When asked for identification, Cabrera directed the officers to his wallet in his car’s console. When removing Cabrera’s driver’s license, the officers observed a Florida Concealed Carry ...
by Douglas Ankney
Forensic entomology generally focuses on the activity of blowflies and beetles in estimating the time of death. But Professor Paola Magni of Australia’s Murdoch University is a leading forensic entomologist urging forensic professionals to consider the activity of other insects, including ants.
Magni is the lead author ...
by Douglas Ankney
The Supreme Court of Illinois held that 720 ILCS 5/9-1.2(d) (West 2006) (“section 9-1.2(d)”) sets the range of sentences available for intentional homicide of an unborn child but does not convert that offense into murder for sentence enhancement purposes and that 730 ILCS 5/5-8-1(a)(1)(c)(ii) (West 2006) (“section ...
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit made the rare decision to order an evidentiary hearing be held in the U.S. District Court for the Southern District of Indiana upon finding that the record was insufficient to permit review of Ryan T. McMullen’s 28 U.S.C. ...
by Douglas Ankney
An audit released by Los Angeles (“LA”) City Controller Kenneth Mejia revealed that the Los Angeles Police Department’s (“LAPD”) frivolous use of helicopters from the Air Support Division (“ASD”) cost taxpayers far more than any benefits received. The ASD employs more than 90 people and operates over ...
by Douglas Ankney
The Court of Criminal Appeals of Texas explained the proper procedure for computing periods of time for purposes of determining the end date of a statute of limitations (“SOL”) and held that the two-year SOL period for an assault allegedly committed on July 7, 2019, expired on ...
by Douglas Ankney
The U.S. Court of Appeals for the First Circuit held that Daniel Donald’s waiver of his rights under Miranda v. Arizona, 384 U.S. 436 (1966), was not valid where an interrogating officer answered “No” to Donald’s question: “None of this can be used against me, can it?” ...
by Douglas Ankney
In 2008, snitch Shahed Hussain worked as a paid informant for the Federal Bureau of Investigation (“FBI”). Hussain met James Cromitie in the parking lot of a mosque in impoverished Newburgh, New York, where a large Muslim population resides. Cromitie, a small-time drug dealer was broke. Hussain ...
by Douglas Ankney
In April 2023, Myles Cosgrove was hired by the Carroll County Sheriff’s Department in Kentucky. But about three years earlier, Cosgrove was fired by the Louisville Police Department (“LPD”). Cosgrove had been one of the three officers who fired their guns during the ludicrous early-morning raid that ...
by Douglas Ankney
The Supreme Court of Michigan held that Joshua Lamar-James Stewart’s age and his health, along with the timing of the police interrogation and the officers’ tactics that included promises of leniency, racial slurs, a combative tone, and misrepresentation of the evidence against Stewart rendered his statements involuntary ...
