COURT DENIES SUPPRESSION OF GUN AND SHELLS

Police Officers Derek Sullivan and Emmett Macken observed a small group of men outside a rooming house in Manchester, New Hampshire known for drug activity. It appeared as if a drug deal was in progress. The officers followed two of the men, Joshua Lacy and Bryan Bleau to a parking lot behind the residence. Bleau and Lacy were joined by a third man. A black Honda arrived and Bleau got in the passenger side. The car drove away. After a […] Read more »

FIRST CIRCUIT UPHOLDS SEARCH OF RESIDENCE AND FAILURE TO MIRANDIZE DEFENDANT

During an FBI investigation of Jake Crooker’s uncle for possession of ricin, a toxic chemical, a small amount of which can kill a person, the FBI obtained a search warrant for Jake’s father’s residence. Jake lived in the home with his parents. As a result of items found during the search he was charged with possession of firearms and ammunition by an unlawful user of a controlled substance, and possession of marijuana. Prior to trial he raised motions to suppress […] Read more »

SUPREME COURT LIMITS INMATE’S RIGHTS UNDER MIRANDA

Randall Lee Fields, a prisoner in a Michigan jail was taken from his cell to a separate part of the building sometime between 7:00 pm and 9:00 pm. He was then interrogated by two armed officers for five to seven hours. He was not given his Miranda rights although he was told he could go back to his cell if he wanted to. During the interrogation he admitted to having sexual acts with a 12 year old prior to his […] Read more »

SEVENTH CIRCUIT FINDS WAIVER OF MIRANDA RIGHTS

Jimmy Brown was placed in a squad car on a firearms charge. He was then given his Miranda rights. When asked if he understood them. his response was “pshh.” He then answered several questions and asked for a “deal.” He was later given the Miranda warnings again as the station house. This time he responded, “Yeah.” Prior to his trial Brown moved to suppress his answers to the questions. The District Court denied the motion and the Seventh Circuit Court […] Read more »

COURT VOIDS CONVICTION FOR FAILURE TO GIVE MIRANDA RIGHTS

Brian Rogers, a non-commissioned Naval officer at the Brunswick Naval Air Station, sold a computer he no longer needed. But he failed to remove the child porn from it. The buyer reported the pornography to the local police who initiated an investigation. To assist they brought in the state computer crimes unit and the Naval Criminal Investigative Service (NCIS). A search warrant was obtained for Roger’s house and plans were made to serve it while he was on the base. […] Read more »

SUPREME COURT ORDERS CONSIDERATION OF JUVENILE’S AGE IN MIRANDA CASE

A thirteen year old North Carolina boy was removed from his classroom by a uniformed officer. He was taken to a room where he was interrogated by a police officer, a school security guard, and an assistant principal. He was not Mirandized. During the interrogation he made statements that incriminated himself in two burglaries. An unmirandized statement cannot be used against a defendant if the statement was made while the defendant was being interrogated while the defendant is in custody. […] Read more »

COURT REVERSES CONVICTION FOR VIOLATION OF MIRANDA

Ellis Wood was arrested on allegations that he hired Rasheen Harry (“Harry”) to kill Carlisle Hall (“Hall”). Wood believed that Hall raped Wood’s girlfriend, Nisha Bernard (“Bernard”). He was interrogated a number of times and kept in the police station over night. After a final interrogation he was asked if they could videotape his statement. He responded: “I think I should get a lawyer.” New York Detective Charles Arnao (“Arnao”) gave him a phone and left the room. When the […] Read more »

COURT FINDS MIRANDA WARNING UNNECESSARY DUE TO LACK OF INCARCERATION

“SJ” a fifteen year old girl found nude pictures of herself on her guardian’s computer. She also found a hidden camera in the bathroom. She reported her findings to the police. They performed a “knock and talk” at the residence of Jon R. Hughes. Prior to the “knock and talk” the police learned that Hughes’ mental state was very fragile and that he needed involuntary hospitalization. They did not plan to arrest him at the end of the “knock and […] Read more »

BIG MOUTH–EASY CONVICTION

The Department of Homeland Security learned that there was pornography on computers at Terry Boll’s residence. They got a search warrant. They discover that seven people live in the house and there are ten computers. Eventually they learn that there is child porn on three of the computers and that two of these computers belong to Boll. This should be the end of the case. There is no way the government is going to be able to prove beyond a […] Read more »