Category Archives: Custody

DC: Grabbing one’s waistband while running from the police signals contraband, despite possible innocent explanations

Grabbing at one’s waistband while running from the police may have innocent explanations, too, but it signals contraband. Newman v. United States, 7-CF-520 (D.C. Sept. 2, 2021). A delay between the traffic stop and an ultimate search is not per … Continue reading

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ID: Where state constitution requires arrest warrant for completed misdemeanors, it was sufficient there was a reasonable belief officer was arresting for a completed felony

While an officer cannot arrest for a completed misdemeanor without an arrest warrant under the state constitution, the officer reasonably believed here that it could be a felony. SCOTUS’s recent opinion on the community caretaking function in Caniglia v. Strom … Continue reading

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OH6: No RS as to def in a crowd in high crime area

Police arrived at a crowd on a parking lot in a high crime area. People were drinking in public and there was the smell of marijuana in the air, but none of that had anything to do with defendant. Thus, … Continue reading

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N.D.Ohio: DMV’s computer mistake def’s DL was suspended doesn’t invoke the exclusionary rule under Evans

DMV’s computer mistake defendant’s DL was suspended doesn’t invoke the exclusionary rule under Evans. United States v. Salazar, 2021 U.S. Dist. LEXIS 103027 (N.D. Ohio June 2, 2021). Defendant’s “regenerating” activity in selling heroin made the warrant application not stale. … Continue reading

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MS: Taking car key from DUI detainee wasn’t a custodial interrogation; it was reasonable to maintain status quo

“Johnson argues that by taking his keys, Parker transformed the routine traffic stop into a custodial interrogation. We disagree. The traffic stop was the equivalent of a ‘Terry stop.’ Berkemer, 468 U.S. at 439. ‘During a Terry stop, officers are … Continue reading

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CA8: Presenting def with DNA SW after he lawyers up wasn’t attempt to reopen interrogation

Presenting defendant with a search warrant for DNA swabs during an interrogation after he lawyered up was a statement of fact and not an attempt to get him to talk again. Thus, Miranda not violated. United States v. Zephier, 2021 … Continue reading

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D.Neb.: Def questioned in his front yard was effectively in custody for Miranda

Defendant questioned in his front yard was effectively in custody and should have been Mirandized. United States v. Leon, 2020 U.S. Dist. LEXIS 32964 (D. Neb. Feb. 18, 2020):

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D.Minn.: The unusually talkative have no special right to be Mirandized

“Because the officers knew that he had a tendency to talk about the case, Williams-Bey argues, Officer Roddy should have given him his Miranda warnings, rather than entertaining his question. Again, Williams-Bey provides no legal authority to support this contention.” … Continue reading

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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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