Court seems torn on pre-arrest ‘Miranda’ right 
By:
Kimberly Atkins
Published: April 17, 2013
Tags: Fifth Amendment, Miranda, non-custodial questioning, pre-arrest, U.S. Supreme Court
WASHINGTON – The justices of the U.S. Supreme Court seemed to struggle with the question of whether the silence of a suspect who has neither been arrested nor placed in police custody can later be used against him at trial.
Does right to remain silent exist before arrest?
Published: January 11, 2013
Tags: Fifth Amendment, Miranda, self-incrimination, U.S. Supreme Court
The U.S. Supreme Court has agreed to decide whether a defendant had a Fifth Amendment right to refuse to respond to police questioning before he was arrested or read his Miranda rights.
Student didn’t have right to ‘Miranda’ warning
Published: December 28, 2012
Tags: blood alcohol content, breathalyzer test, Miranda
A high school student’s Miranda rights were not violated when a vice principal interrogated him in the presence of a police officer, the New Mexico Court of Appeals has ruled in affirming a conviction.
New tool assesses defendant’s comprehension of Miranda rights
Published: December 18, 2012
Tags: Miranda, Miranda warnings, Standardized Assessment of Miranda Abilities
A new tool measures how well a defendant understands Miranda warnings.
Police interrogation violated ‘Miranda’
Published: August 21, 2012
Tags: habeas, Miranda, right to counsel
A felony murder suspect made his desire for a lawyer sufficiently clear to require police to terminate their interrogation, the en banc 9th Circuit has ruled in reversing the denial of habeas relief.
Confession shouldn’t have been suppressed
Published: May 21, 2012
Tags: confession, Miranda, Missouri v. Seibert
A criminal defendant’s station house confession was not the product of an impermissible “two-stage” interrogation technique employed by police, the 2nd Circuit has ruled in reversing a suppression order.
Confession not tainted by promising suspect he could go home
Published: April 30, 2012
Tags: confession, Miranda
Telling a suspect that he would be able to return home after questioning regardless of what he said did not render his confession inadmissible at trial, the Georgia Supreme Court has ruled in affirming the Court of Appeals.
Police couldn’t ask arrestee for his ‘side of the story’
Published: April 24, 2012
Tags: Miranda, self-incrimination
Police violated an arrestee’s right against self incrimination by inviting him to give his “side of the story” before giving him his Miranda rights, the Hawaii Supreme Court has ruled in reversing a conviction.
Evidence of pre-‘Miranda’ silence inadmissible
Published: April 11, 2012
Tags: Miranda
Evidence of an attempted murder defendant’s post-custody, pre-Miranda silence should not have been admitted as evidence of his guilt, the Arizona Supreme Court has ruled.
Confession tainted by promises of leniency
Published: April 10, 2012
Tags: Miranda
A police officer’s promises of leniency during a jailhouse interview rendered inadmissible a shooting suspect’s confession, the Iowa Supreme Court has ruled in reversing a conviction.
