Officers Forego a Lawful Search for an Unlawful Pat Down but was the Meth Admissible?
[W]e conclude that, when Mr. Braun voluntarily and without prompting by either [...]
Can Petroleum Jelly and a Condom be Criminal Tools?
After viewing the evidence in a light most favorable to the prosecution, a rati [...]
The Seventh District Appellate Court Holds that a Firearm Laying Under a Log Next to a Residential Area is Not a Danger
We hold that the public safety exception, as analyzed above, did not apply beca [...]
A Deputy Feels a Baggie in a Suspect’s Pants Pocket During a Lawful Pat Down and asks “Is this dope … it feels like dope”? … Was this Question asked in Violation of Miranda?
Under the totality of the circumstances, Mr. Anderson would not yet have consid [...]
If a Suspect Provides a Pre-Miranda Incriminating Statements that are not Compelled or Coerced are the statements Admissible?
[T]he officers showed little interest in getting Mr. Woolridge to talk. They d [...]
If a Suspect is Interrogated on His Front Porch, Without Handcuffs, Intimidation, Threats or Coercion, are Miranda Warnings Required?
Because Mr. Epling was not in custody, he was not entitled to Miranda warnings. [...]
Was the Officer Legally Permitted to Search Caetlynde’s Backpack Incident to Her Arrest?
We conclude the search of Ms. Malcolm's bags was a permissible search incident [...]
After a Suspect is Given Miranda and Requests an Attorney, Can Law Enforcement Continue to Question Him?
A suspect who has “[E]xpressed his desire to deal with police only through coun [...]
Can a Suspect be Interviewed Without Miranda in a Mammoth Cave?
[T]he totality of the circumstances indicate that Mr. Zabel was not “in custody [...]
Can a Person Successfully Sue Law Enforcement for a Miranda Violation?
NO! A violation of Miranda does not necessarily constitute a violation of the C [...]