In 2002, Lemon Montrea Johnson was the passenger in the backseat of a car stopped for a traffic violation. Johnson was charged with; inter alia, possession of drugs and possession of a weapon by a felon. These items were discovered during a protective pat-down search of Johnson. Johnson was convicted by the trial court. Johnson argued that his conviction should be overturned because the trial court was in error by denying his motion to suppress the evidence. He argued that he had been unlawfully “seized” because being a passenger in a vehicle does not automatically constitute “seizure.” He furthered argued that even if he had been “seized,” that by the time Officer Trevizo searched him he was no longer “seized” as their conversation had become consensual. Furthermore, the evidence should not be considered because the search violated his Fourth Amendment rights and because the…
b. At motion to suppress, defendant argued the evidence seized from his car violated the Fourth Amendment on the ground that the search was warrantless.…
As further reiterated, “Confessions remain a proper element in law enforcement. Any statement given freely and voluntarily without any compelling influences is, of course, admissible in evidence.” Furthermore, the Fifth Amendment does not bar voluntary statements by definition. The Fifth Amendment explicitly states “No person shall…be compelled in any criminal case to be a witness against himself”. The issue here was whether or not the conversation was in fact an interrogation based on the subdivision called the “functional equivalent” of questioning, described as ‘any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect’. The court found that the conversation did not fall within the Miranda meaning of “interrogation” because it was concluded as being nothing more than a dialogue between the two officers, which invited no response from the respondent, and was clearly not a questioning initiated by officers. Furthermore, the conversation also was found not to fall under the description of “functional equivalent” because the few ‘offhand’ remarks that the officers made to one another in no way subjected the respondent to elicit a statement of admission, nor were the officers’ actions subjecting the respondent. Consequently, the respondent was found to have given a confession in a voluntary manner and that his Fifth Amendment rights were not deprived because he was not compelled or forced in any way to…
Brief Fact Summary: Self-incriminating evidence was provided by the defendants while interrogated by police without prior notification of the Fifth Amendment Rights of the United States Constitution.…
The petitioner filed for habeas corpus relief in the federal courts. The question was whether Sheppard was deprived of a fair trail and his right to due process according to the Sixth Amendment. Was the petitioner denied a fair trail for the second-degree murder of his wife, of which he was convicted, because of the trail judge’s failure to protect Sheppard sufficiently from the massive, pervasive, and prejudicial publicity that attended his prosecution?…
Supreme Court conveyed that a totality of the circumstances was appropriate to determine Miranda rights for both adults and children. These circumstances for juvenile defendants would include such things as the person’s age, experience, schooling, criminal and/or delinquent history, and aptitude. Also, the ability of the youth to comprehend Miranda warnings and the ramifications that is possible if the decision to waive them is invoked (Henry, 2007). Using this standard of circumstances, the U.S. Supreme Court said Michael C. knew his rights, he understood them, and on his own free will, waived his 5th Amendment rights and overturned the California Supreme Court (Henry,…
Soon thereafter his conviction Miranda appealed his case to the Arizona Supreme court. The Arizona Supreme Court upheld the conviction and Disagreed with the unconstitutional confession. It was then that Miranda took his appeal to the United States Supreme Court. In a fourth fifths vote the United States Supreme court ruled in favor of Miranda agreeing that the police that interrogated Miranda denied him of not only his 6th amendment right to counsel however also his fifth amendment right to incriminate himself. On a completely different note the Supreme Court recognized that Miranda as well as others accused of committing crimes have long been subject to police violence and intimidation especially during interrogations and therefore many confessions have been not only forced but possibly…
Case Background: A Mexican immigrant residing in Phoenix, Arizona, Ernesto Miranda, was identified to be a suspect in the line-up of a woman who accused him of rape and kidnapping. Police then arrested and interrogated Miranda. It took up to at least two hours of interrogation by police until Miranda the confessed to the crimes. The confession was written. During the two hours of interrogation, police did not once mention Miranda’s neither Fifth Amendment Protection against self-incrimination nor his Sixth amendment right to have the right to an attorney. After Miranda’s confession the case was then taken to trial hosted by Arizona state court an prosecutors used the oral and written confession as evidence against Miranda. Miranda was then found guilty and he was convicted and sentenced to 20-30 years in prison on each count. The conviction was then upheld due to the fact the Miranda’s attorney appealed to Arizona’s Supreme Court which then led to the case being appealed to the United States Supreme Court which also connected the case with four other similar ones. The court later came to an agreement that it is mandatory that the police have the role of protecting the rights of the accused suspect guaranteed by the…
Under the Georgia false imprisonment statute, whether Charlene Miller has a valid claim against the Center for Independent Performers and Artists (CIPA) when the security guards (1) searched Charlene suspecting her of having stolen a CD; and (2) confiscated the iPhone for inspection suspecting her illegal recording?…
As of the U.S. Supreme Court decision Berghuis v. Thompkins (June 1, 2010), criminal suspects who are aware of their right to silence and to an attorney, but choose not to "unambiguously" invoke them, may find any subsequent voluntary statements treated as an implied waiver of their rights, and which may be used in…
The criminal justice system works in such a way that certain behavior or actions are legislated as a criminal offense wherein the state or the federal government can prosecute an offender even if only being suspected. In this case, there exists rules or limits into which protection are of highest concerns. It does not only apply to civilian suspects but also extends to actual prisoners, and to those who are on parole and under probation. But in reality, it has become a worldwide issue in terms of illegal searches. It has even been stipulated in the U.S. Constitution 's Bill of Rights stating that these restrictions start on the premises of the rights to refuse to testify against oneself, the right to confront one 's accuser and the right to a trial by jury for people charged with crimes. But these federal protections may not always seem to hold especially when police enforcers are dealing with prisoners, people on parole and on probation status. This happens because the jurisdictions regarding these matters depend on the ruling court. The court regulates and decides whether the legislative rule, court practice or police action is permissible under the federal and state constitutional law. From here, we can say during the course of searches, we should be aware and vigilant of possible violations by the apprehending police officers. In such cases, knowledge of the legality, technicality and the law should at least be required or at least explained to the person being searched. As mentioned a while ago, the case becomes quite sensitive for people who are imprisoned, on parole and under probation. The situation for them is very difficult in the sense that they are…
The case of Miranda v. Arizona dealt with the question, “Does the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?” This case started in 1963, when Ernesto Miranda was arrested in Phoenix, Arizona for robbing $8 from a bank worker, and was charged with armed robbery. He already had a record for armed robbery, and a juvenile record including attempted rape, assault, and burglary. While Miranda was in police custody, he signed a written confession to the robbery, and also to kidnapping and raping an 18-year-old woman 11 days before the robbery. After being convicted, Miranda’s lawyer appealed; on the basis that the defendant did not know he was protected from self-incrimination and therefore did not have to confess to his crimes.…
In 2002, the aftermath of the 9/11 attacks, the Department of Justice approved the CIAs request to perform what it called Enhanced Interrogation Techniques (EITs). There were ten techniques in total, they are: attention grasp, cramped confinement, cramped confinement “with an insect”, facial hold, facial slap, sleep deprivation, stress positions, walling, wall standing and the most controversial of these being waterboarding.1 Following unfavorable media exposure of EITs the Obama administration banned it's use in 2009, just three years after the Department of Justice…
This case is an appeal by Andrew Mugnano, who is incarcerated in a State Penitentiary for first degree murder and for malicious wounding, from a decision of the Circuit Court of Greenbrier County denying him habeas corpus relief. The appellant was indicted for murdering his wife, Theresa Mugnano, and for maliciously wounding her companion. In denying Mugnano habeas corpus relief, the circuit court did not appoint counsel as requested, concluded that Mugnano failed to show adequate grounds for relief. In the present proceeding, Mugnano claims that the circuit court erred in failing to appoint counsel to assist him in the preparation and presentation of his habeas corpus claims and that the court erred in denying him a meaningful hearing on the question of whether the plea agreement was breached and whether his trial attorney 's performance was deficient. In his pro se habeas corpus petition, Mugnano claimed that the State of West Virginia had breached the plea agreement which had resulted in his conviction and that his counsel at that time had failed to afford him effective assistance of counsel by failing to object to the State 's failure to comply with the agreement. Mugnano also requested that the court appoint counsel to assist in the presentation of his case.…
In the world of security, interviews, and interrogations play a key role in solving a case or putting a face to a crime committed. They can be similar but they also have several differences. Interviews and interrogations also come with legal issues because of the way they are conducted. Putting a security policy in place within the organization can help guide security personnel when conducting interviews and interrogations.…