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D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination
Article • February 15, 2025 • from CLN March, 2025
Filed under: Fifth Amendment, Searches - Cellphones/Computers/Internet, Non-Testimonial, Testimonial Statements, Self-Incrimination Clause
D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the D.C. Circuit held that a defendant being compelled to provide a thumbprint constitutes a testimonial act …
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...
Article • February 15, 2025 • from CLN March, 2025
Filed under: Miranda, Custodial Interrogations
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 …
Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate...
Article • December 15, 2024 • from CLN January, 2025
Filed under: Self Incrimination, Self-Incrimination Clause, Plea Agreements/Guilty Pleas
Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination by Sam Rutherford by Sam Rutherford The Supreme Court of Kansas held that a defendant’s privilege against compelled self-incrimination concerning his alleged criminal …
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 Co...
Article • August 15, 2024 • from CLN September, 2024
Filed under: Vehicle Searches, Consensual Encounters, Suppression, Miranda
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 …
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’
Article • July 15, 2024 • from CLN July, 2024
Filed under: AEDPA, Miranda, Custodial Interrogations, Minors, Use of, Interrogation
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 …
Oregon Supreme Court Rules Police Questioning of Probationer in Probation Officer’s Secure Office Absent Miranda Warning Constitute ‘Compelling Circumstances’ and Suppresses Statements
Article • June 15, 2024 • from CLN June, 2024
Filed under: Miranda, Custodial Interrogations, Interrogation, In Custody
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 …
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 S...
Article • April 15, 2024 • from CLN April, 2024
Filed under: Fifth Amendment, Searches - Cellphones/Computers/Internet, Non-Testimonial, Self-Incrimination Clause, Invocation of Rights
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?’
Article • March 15, 2024 • from CLN March, 2024
Filed under: Miranda, Custodial Interrogations, In-home, Right To Remain Silent, Interrogation, Voluntary Nature/Voluntariness
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
Article • February 15, 2024 • from CLN February, 2024
Filed under: Commentary/Reviews, Wrongful Conviction, Confessions - Admissibility, Impeachment Evidence/Purposes, Miranda, Interrogation, In Custody, Confessions and Statements of Defendant, Voluntary Nature/Voluntariness
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. …
Hawaii Supreme Court: Defendant’s Due Process Rights Violated by Prosecutor
Article • August 1, 2023 • from CLN August, 2023
Filed under: Self-Incrimination Clause, Denial of Due Process
Hawaii Supreme Court: Defendant’s Due Process Rights Violated by Prosecutor by Asking Witness to Tell Grand Jury Defendant Exercised Right to Remain Silent The Supreme Court of Hawaii held that a prosecutor flagrantly violated a defendant’s Hawaii due process right to a fair and impartial grand jury hearing by adducing …
SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment
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), …
New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation
Article • August 15, 2022 • from CLN September, 2022
Filed under: Police Misconduct, Custodial Interrogations/Statements, Miranda
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 …
Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings
Article • May 1, 2022 • from CLN May, 2022
Filed under: Miranda, Custodial Interrogations
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 …
Florida’s Catch-22 for the Innocent Defendant (and Others Wishing to Protect Their Right Against Self-Incrimination)
Article • February 15, 2022 • from CLN March, 2022
Filed under: Self-Incrimination Clause
Florida’s Catch-22 for the Innocent Defendant (and Others Wishing to Protect Their Right Against Self-Incrimination) by M. Eve Hanan by M. Eve Hanan, Sentencing Law and Policy  The Supreme Court of Florida recently held that the trial judge may penalize more harshly a defendant who maintains his innocence at sentencing. Davis …
California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home
Article • December 15, 2021 • from CLN January, 2022
Filed under: Miranda, Custodial Interrogations
California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home by Douglas Ankney by Douglas Ankney The California Court of Appeal, First Appellate District, ruled that the coercive atmosphere created by police during a prearrest interview of a …
Seventh Circuit: Knowing and Intelligent Waiver of Miranda Rights Distinct and Separate Issue From Whether Statement Was Voluntary
Article • June 15, 2021 • from CLN July, 2021
Filed under: Miranda, Confessions and Statements of Defendant
Seventh Circuit: Knowing and Intelligent Waiver of Miranda Rights Distinct and Separate Issue From Whether Statement Was Voluntary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the issue of whether an accused person’s waiver of his Miranda rights was knowing and …
Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim
Article • March 15, 2021 • from CLN April, 2021
Filed under: Fifth Amendment, 42 U.S. Code § 1983, civil action for deprivation of rights, Miranda
Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the defendant’s …
Maryland Court of Appeals Announces Reasonableness Standard in Providing Advice of Rights to Non-English Speaking Drivers
Article • September 15, 2020 • from CLN October, 2020
Filed under: Rational Understanding, Miranda
Maryland Court of Appeals Announces Reasonableness Standard in Providing Advice of Rights to Non-English Speaking Drivers by David Reutter by David M. Reutter The Maryland Court of Appeals ruled that in giving advice of rights police officers must use methods that reasonably convey the warnings and rights contained in Maryland’s …