{"id":56361,"date":"2023-11-17T18:15:23","date_gmt":"2023-11-17T23:15:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56361"},"modified":"2023-11-17T18:15:23","modified_gmt":"2023-11-17T23:15:23","slug":"ut-being-hospitalized-having-been-shot-by-police-isnt-custody-for-miranda-purposes","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56361","title":{"rendered":"UT: Being hospitalized having been shot by police isn’t “custody” for Miranda<\/em> purposes"},"content":{"rendered":"\n

A person hospitalized after having been shot by the police is not per se \u201cin custody\u201d for Miranda purposes. The reason for the shooting was the safety of the officers and others, not custody. Tennessee v. Garner isn\u2019t even close, and it is really distinguishable. State v. Jessop<\/a>, 2023 Utah App. LEXIS 137 (Nov. 16, 2023).<\/p>\n\n\n\n

Defendant had standing to challenge the search of another person\u2019s property that he spent the previous night at and kept some clothes and did laundry there. Pole camera surveillance put him there overnight, too. The warrant particularly described \u201celectronic equipment\u201d and \u201celectronic devices including cell phones.\u201d There was also probable cause for the warrant. United States v. Spruell-Ussery, 2023 U.S. Dist. LEXIS 204553 (D. Kan. Nov. 15, 2023).*<\/p>\n\n\n\n

Defendant\u2019s stop was constitutional. Even if it wasn\u2019t, his statements to the officer were sufficiently attenuated from the stop to be admissible. United States v. Drayton, 2023 U.S. Dist. LEXIS 205329 (N.D. Iowa Nov. 16, 2023).*<\/p>\n\n\n\n

Defendant\u2019s statements were inadmissible in the government\u2019s case in chief, but they can be used for impeachment if defendant testifies. United States v. King, 2023 U.S. Dist. LEXIS 205372 (D. Nev. Nov. 16, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

A person hospitalized after having been shot by the police is not per se \u201cin custody\u201d for Miranda purposes. The reason for the shooting was the safety of the officers and others, not custody. Tennessee v. Garner isn\u2019t even close, … Continue reading →<\/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":[75,117,65,34],"tags":[],"class_list":["post-56361","post","type-post","status-publish","format-standard","hentry","category-attenuation","category-custody","category-particularity","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56361","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=56361"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56361\/revisions"}],"predecessor-version":[{"id":56362,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56361\/revisions\/56362"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56361"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56361"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56361"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}