Miranda Doctrine

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4.573 documents for Miranda Doctrine
  • A Genesee County man is seeking to overturn his murder conviction because he claims police improperly invoked an emergency exception when they interrogated him without reading him his Miranda rights or allowing him to talk to an attorney. Scott F. Doll, 51, formerly of Corfu, who was convicted of killing his business partner, is represented by attorney Timothy P. Murphy of the Buffalo firm Lipsitz Green Scime Cambria LLP. Murphy has asked the state Court of Appeals to address the boundaries of the emergency doctrine which allows police to question someone without counsel or Miranda warnings if they have reason to believe someone's safety is in jeopardy.

  • The state constitutional renaissance belies any ideas that state courts have too little regard for rights and some noted criminal justice rules, for example the Miranda doctrine, are not even rooted in constitutional law. Due process has no place for rights not demanded by the Bill of Rights and thus the Supreme Court should selectively disincorporate and excise from the Constitution the procedures inessential to protect fundamental rights. Disincorporation is a compromise both liberals and conservatives should accept.

  • This Article argues that a non-coercive right to counsel violation under Miranda and Edwards does not implicate "fruit of the poisonous tree" suppression of evidence. A Miranda/Edwards violation takes place when a suspect in police custody invokes his right to counsel and the police subsequently initiate further conversation without making counsel available. The fruit of the poisonous tree doctrine holds that "second generation" derivative evidence must be excluded if it is acquired as a result of "first generation" evidence obtained by constitutionally impermissible means. For example, suppose a murder suspect under interrogation invokes his right to counsel, but later an officer mistakenly re-initiates questioning without making counsel available to him. The suspect then confesses and...

  • ... relevant to thecustody analysis of Miranda v. Arizona, 384 U. S. 436(1966). It is beyond ..., "reality"-based approach to the doctrine,perhaps these and other principles of our Miranda ...

  • The Miranda doctrine has been effectively deconstitutionalized by the many exceptions that have been created, but it should instead be firmly established as constitutional common law. Current developments in interpretation of the Fifth Amendment tend to encourage Miranda violations by law enforcement officers and make it difficult to bring state action suits under section 1983 of the Civil Rights Act of 1871 for violations of either Miranda or the Fifth Amendment. Abandonment of the Miranda doctrine would seriously endanger civil liberties and therefore the doctrine should be upheld and strengthened.

  • The public safety exception, also called the emergency doctrine, can arise with warrantless searches as well as obtaining statements from a defendant without Miranda warnings. Thus, it is an exception to the Fourth and Fifth amendments. Statements

  • Due to circumstances of a particular traffic stop, a law enforcement officer unconstitutionally interrogated a defendant during the interrogation without first providing Miranda warnings. However, under the inevitable discovery doctrine, the trial court need not have suppressed evidence as fruit of the unlawful interrogation.

  • ...'s constitutional criminal procedure doctrine suggests, empirical and causal analysis is ...United States, (3) and Miranda v. Arizona, (4) the Court enlarged the Fourth ...

  • A confession made by a defendant who had ingested crack cocaine is admissible - even though it was obtained in violation of Miranda - because his physical condition warranted application of the "rescue doctrine," the Arizona Court of Appeals has ruled. The defendant was arrested as part of an undercover drug investigation. After his arrest, he began gagging, frothing at the mouth and vomiting. Believing that the defendant was experiencing a medical emergency, the officer asked him if he had swallowed crack cocaine and the defendant admitted that he had.

  • CRIMINAL LAW - Miranda rights; on-scene investigative questioning pursuant to a detention involving a traffic matter; plain view doctrine.

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