{"id":905,"date":"2007-11-01T09:47:36","date_gmt":"2007-04-06T09:42:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-04-06T09:42:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=905","title":{"rendered":"Defendant being treated in ER for accident was not “in custody” for Miranda<\/em> purposes"},"content":{"rendered":"

Defendant was in the hospital being treated after an accident, and officers believed he was DUI-drugs. He was not in police custody when he was questioned, so Miranda<\/em> did not apply; his \u201cdetention\u201d was not state action. Exigent circumstances permitted the taking of blood at night without a search warrant. It is common knowledge that it is more difficult and problematic to get a search warrant in the middle of the night. Grant of motion to suppress reversed. State v. Steimel, 155 N.H. 141, 921 A.2d 378 (2007).<\/p>\n

Plaintiffs allegedly being forced to join an alcohol dependency program did not allege whether it was inpatient or outpatient, so the claims were dismissed for not alleging a seizure. [This was pled as a civil RICO case, too.] MacShane v. City of New York, 2007 U.S. Dist. LEXIS 25014 (E.D. N.Y. March 30, 2007)*; McNamara v. City of New York, 2007 U.S. Dist. LEXIS 25015 (E.D. N.Y. March 30, 2007)*; Miller v. City of New York, 2007 U.S. Dist. LEXIS 25016 (E.D. N.Y. March 30, 2007).*<\/p>\n

Here, Figueroa testified that he observed the defendant pacing back and forth and was subsequently seen giving Hassett an item that he had hidden in his shoe. Figueroa also testified that the area where he observed the defendant was a place where there was a high incidence of drug trafficking and an area where he had made between ten to fifteen heroin-related arrests in the preceding year. Figueroa also testified that he believed that the activity that he had observed was consistent with a drug transaction. All of these facts, taken together, support Figueroa’s belief that a criminal act had just occurred, and his approach to the defendant thus was based on a reasonable suspicion that a crime had been committed. Commonwealth v. Hernandez., 448 Mass. 711, 863 N.E.2d 930 (2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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