Category Archives: Custody

E.D.Wis.: Arresting def and family during raid at gunpoint and taking him outside to talk was still custodial; family inside in handcuffs

Defendant’s house was raided by police at gunpoint and then had everybody in the house in handcuffs and wouldn’t let a mother tend to her crying child in another room. Defendant was unhandcuffed and taken outside to talk. “Defendant was … Continue reading

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N.D.Tex.: RS came from “extreme nervousness, conflicting stories, and the fact that he was traveling along a drug trafficking corridor”

“The government proved by a preponderance of the evidence that Trooper Styles developed reasonable suspicion of additional criminal activity during the initial stop and before Roberts consented to Trooper Styles’s request to search the Jeep. The facts of this case … Continue reading

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D.Neb.: Unwarned questioning about control of a bedroom wasn’t custodial

UnMirandized questioning about defendant’s control of a bedroom was a close call, but not found not custodial. “This case presents a close call. On balance, the Court concludes that under Muniz and Fleck and the circumstances of this case, Sergeant … Continue reading

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