Sixth Circuit Establishes a Five-Factor Mid-Stream Miranda Test for Custodial Interrogation
(1) The completeness and detail of the questions and answers in the first round [...]
Is It a Fifth Amendment Violation if a Suspect Repeatedly Says “I Don’t Want to Talk” Yet Continues to Talk?
[W]e find that James did not unequivocally and unambiguously invoke his right t [...]
Does a Detective Observing a Child Advocacy Interview Make the Child’s Statements Testimonial and Therefore Inadmissible?
Upon review of Mr. Mignano's limited argument, he has not shown the trial court [...]
When a Suspect is Incarcerated in Prison Does that Mean He is in ‘Miranda’ Custody – Or Can the Interview be Voluntary?
Mr. Jewell thus invited the conversation, and he remained free at all times to [...]
Under the Vehicle Protective Sweep Doctrine; Once a Pellet Gun is Discovered Can an Officer Continue the Sweep to Assure there are No Additional Weapons or Must the Sweep End?
He contends that the concern for officer safety evaporated when officers made t [...]
Undisclosed Exculpatory Evidence Led to a $45 Million Verdict … But Should the Detective Pay Out of His Pocket?
[A] plain reading of O.R.C. §2744.07(B) indicates that Miami Township must inde [...]
If a Suspect Represents a Product as Heroin … but is Fake – Can the Suspect Still be Convicted of Aggravated Trafficking?
At all times relevant, Mr. Harvey knowingly sold or offered to sell substances [...]
Did Shawn’s Red Cup of Probable Cause Convert the Traffic Stop Into Miranda-Custody?
Mr. Curry was not placed in custody when Sgt. Herring asked him what was in his [...]
Should a Suspect be Mirandized both Before AND After a Polygraph?
Having considered the totality of the circumstances in the present case, we con [...]
What is the Difference Between Investigative Detention and Miranda Custody?
The suspect admitted to paying his passenger $23 for oral sex and what followed [...]