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26 Apr 2009, 9:00 pm
However, Boucher's waiving his Miranda rights was a Pandora's box that led the trial judge to order compliance with the subpoena, proclaiming:  "Where the existence and location of the documents are known to the government, 'no constitutional rights are touched,' because these matters are a 'foregone conclusion.' Fisher [v. [read post]
8 Mar 2010, 10:30 am by Lisa McElroy
  Well, yes (and the entire federal judiciary actually), but each Supreme Court Justice is also responsible for handling certain legal matters, like emergency stay petitions, from designated areas of the country (called judicial “circuits”). [read post]
23 Oct 2009, 1:18 pm
And of course Miranda only comes into play at all if criminal prosecution becomes appropriate. [read post]
23 Oct 2009, 9:42 am
And Miranda of course only comes into play at all if prosecution becomes appropriate. [read post]
30 Sep 2022, 12:07 pm by Lawrence Taylor
No matter what situation you find yourself in, these tips can help improve your chances of successfully beating a DUI. [read post]
2 Jun 2010, 9:42 pm by Matthew McKinney
The general rule is that if you do not first knowingly and voluntarily waive your Miranda rights (question 2 above) then any statement you make to an officer in response to a question will be “suppressed” (thrown out and cannot be used against you at trial no matter how incriminating). [read post]
15 Aug 2016, 3:35 pm by Lefteris K. Travayiakis, Esq.
A reported question pre-trial was taken by the Massachusetts Supreme Judicial Court in the matter of Commonwealth v. [read post]
15 Aug 2016, 3:35 pm by Lefteris K. Travayiakis, Esq.
A reported question pre-trial was taken by the Massachusetts Supreme Judicial Court in the matter of Commonwealth v. [read post]
8 Dec 2008, 11:23 am
" It is grossly misleading to describe matters in this way. [read post]
11 Jun 2018, 7:31 am by Brian Gallini
Lower courts often weigh those comments heavily in finding the particular interaction non-custodial for Miranda purposes—no matter what happens afterward. [read post]
13 Sep 2019, 4:46 am by Michael Lowe
  Here is when the Miranda rights must be given to the accused, which include explaining that the person has a right to keep silent and the right to have legal counsel. [read post]
11 Jan 2012, 3:33 am
In New York, police are allowed to approach an individual and inquire about basic, nonthreatening matters such as name, address and destination. [read post]