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Article • June 15, 2024 • from CLN June, 2024
Oregon Supreme Court Rules Police Questioning of Probationer in Probation Officer’s Secure Office Absent Miranda Warning Constitute ‘Compelling Circumstances’ and Suppresses Statements by Anthony Accurso by Anthony W. Accurso   The Supreme Court of Oregon suppressed statements made by a defendant on probation to police who interrupted a meeting between …
Article • April 15, 2024 • from CLN April, 2024
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 by Douglas Ankney The Court of Appeals of New York declined to adopt a …
The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents by David Reutter by David M. Reutter False confessions are a problem as old as policing. The Supreme Court of the United States (“SCOTUS”) promulgated rules in 1966 with its holding in Miranda v. Arizona, 384 U.S. …
Article • November 15, 2022 • from CLN December, 2022
Rhode Island Supreme Court: DUI Suspect Was in ‘Custody’ so Un-Mirandized Roadside Statements Properly Suppressed by Mark Wilson by Mark Wilson The Supreme Court of Rhode Island upheld a lower court’s suppression of un-Mirandized statements made to police, finding that the defendant was in custody at the scene of an …
Article • July 15, 2020 • from CLN August, 2020
Washington Supreme Court: Defendant Detained for Search at Border Was ‘In Custody’ for Miranda Purposes by Douglas Ankney by Douglas Ankney The Supreme Court of Washington determined that Alejandro Escalante was “in custody” and entitled to the warnings enunciated in Miranda v. Arizona, 384 U.S. 436 (1966), when he was …