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Article • February 15, 2025 • from CLN March, 2025
Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed by Anthony Accurso by Anthony W. Accurso The Supreme Court of Colorado held that a defendant who …
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 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate …
Article • August 15, 2024 • from CLN September, 2024
California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, ruled that Jeremiah Paul’s conversation …
Article • July 15, 2024 • from CLN July, 2024
Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit reversed the U.S. District Court for the Southern District …
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 • May 15, 2024 • from CLN May, 2024
First Circuit: Defendant’s Statement ‘I guess I’ll wait until I have a lawyer’ Is Unequivocal Invocation of Right to Counsel by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that a defendant’s statement in response to Miranda warnings that “I guess my best …
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 …
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 by Anthony W. Accurso In a case of first impression, the Supreme Court of Utah held that production of a …
First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that Daniel Donald’s waiver of his rights under Miranda …
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. …
Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon upheld a Court of Appeals decision ordering a new trial for a defendant …
Brief • August 18, 2023
Filed under: Interrogation
USA v. Al-Nashiri, Cuba, Motion to Suppress Custodial Statements, InterrogationTechniques, 2023 M IL ITARY -COMM IS...~IONS TRIA l .. J1Jll1C [ARY GUA TANAt'tlU BAY,. CURA. AE 46 ;CCC l 1t'flTED STATI.S OF AMEWCA ABD AL RAHM HllSSAYN RI LrNG Defense M.o'tio tto S 1J p ·· es.s Cusrod i..fu e …
Article • May 17, 2023
Indiana Passes Law Prohibiting Police From Lying to Juveniles During Interrogation to Help Prevent False Confessions by Miles Dyson by Miles Dyson Indiana lawmakers have passed a new law that prohibits law enforcement from lying to juveniles during interrogations. The law, which was signed by Gov. Eric Holcomb on May …
Article • May 15, 2023 • from CLN June, 2023
Idaho Supreme Court: Confession Obtained in Violation of Miranda Inadmissible in State’s Case in Chief but May Be Used for Impeachment Purposes Where Defendant’s Will Was Not ‘Overborne’ During Interrogation by Douglas Ankney by Douglas Ankney The Supreme Court of Idaho held that a confession obtained in violation of Miranda …
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 • September 15, 2022 • from CLN October, 2022
New Jersey Supreme Court Orders New Trial Because Detective Failed to Clarify Suspect’s Ambiguous Request for Counsel During Interrogation by Douglas Ankney by Douglas Ankney  The Supreme Court of New Jersey reversed the convictions of Laura Gonzalez because a detective failed to clarify Gonzalez’s ambiguous request for counsel during her …
Article • September 15, 2022 • from CLN October, 2022
Filed under: Fifth Amendment, Miranda
SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment by Harold Hempstead by Harold Hempstead The Supreme Court of the United States (“SCOTUS”) held that a violation of the warnings provided for in Miranda v. Arizona, 384 U.S. 436 (1966), …
Article • August 15, 2022 • from CLN September, 2022
New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation by Richard Resch by Richard Resch The Supreme Court of New Jersey held that because detectives repeatedly contradicted and undermined the importance of the defendant’s Miranda rights …
Article • May 1, 2022 • from CLN May, 2022
California Court of Appeal: Fifth Amendment Violation Where Police Use Two-Step Interrogation in Deliberate Strategy to Circumvent Miranda by Richard Resch The Court of Appeal of California, Sixth Appellate District, held the trial court erred by admitting incriminating post-Miranda statements obtained through the use of pre-Miranda statements in a deliberate …
Article • May 1, 2022 • from CLN May, 2022
Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings by Anthony Accurso by Anthony W. Accurso The Supreme Court of Vermontruled that, given the totality of circumstances, a police interview with a defendant was custodial and …
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