{"id":30614,"date":"2017-12-10T00:02:37","date_gmt":"2017-12-10T05:02:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30614"},"modified":"2017-12-09T10:16:56","modified_gmt":"2017-12-09T15:16:56","slug":"w-d-mo-during-the-knock-and-talk-def-was-not-in-custody-for-miranda-purposes","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=30614","title":{"rendered":"W.D.Mo.: During the knock-and-talk def was not \u201cin custody\u201d for Miranda purposes"},"content":{"rendered":"<p>During the knock-and-talk at defendant\u2019s apartment, he was not \u201cin custody\u201d for Miranda purposes, and his statements could be used against him. United States v. Butler, 2017 U.S. Dist. LEXIS 201765 (W.D. Mo. Nov. 16, 2017), adopted, 2017 U.S. Dist. LEXIS 201766 (W.D. Mo. Dec. 7, 2017).<\/p>\n<p>A child shooting victim lived in apartment 101. After the shooting, there was evidence at the scene the child was taken to the apartment before the hospital. No gun had been recovered and there was at least some indication it was self-inflicted. There was probable cause for a search of the apartment for evidence of the shooting such as blood, fibers, the gun, and other things related to it. United States v. Cannon, 2017 U.S. Dist. LEXIS 201487 (E.D. Mich. Dec. 7, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>During the knock-and-talk at defendant\u2019s apartment, he was not \u201cin custody\u201d for Miranda purposes, and his statements could be used against him. United States v. Butler, 2017 U.S. Dist. LEXIS 201765 (W.D. Mo. Nov. 16, 2017), adopted, 2017 U.S. Dist. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=30614\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[54,20],"tags":[],"class_list":["post-30614","post","type-post","status-publish","format-standard","hentry","category-knock-and-talk","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30614","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=30614"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30614\/revisions"}],"predecessor-version":[{"id":30615,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30614\/revisions\/30615"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30614"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30614"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30614"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}