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OnlinePoker

(5,702 posts)
Wed Mar 8, 2023, 05:17 PM Mar 2023

By 4-3, Supreme Court says no Miranda warning necessary for man repeatedly told he was under arrest

Even though Longmont police warned a man four times he was under arrest, told him "we are going to take you to jail" and stood in his doorway, the Colorado Supreme Court on Monday ruled that the man was not effectively in custody at the time.

The 4-3 decision from the Supreme Court meant the Longmont officers did not need to read Brent A. Willoughby his Miranda rights and, therefore, the incriminating statements he made while officers were inside his apartment can be used against him at trial.

Citing the officers' "conversational tone," the fact that the door "remained open" and Willoughby's ability to smoke a cigar in front of police, Chief Justice Brian D. Boatright explained in the majority opinion that on balance, "Willoughby’s freedom of movement wasn’t restricted to the degree associated with a formal arrest. Thus, he was not in custody at the time of the interrogation."

https://www.coloradopolitics.com/courts/by-4-3-supreme-court-says-no-miranda-warning-necessary-for-man-repeatedly-told-he/article_33564170-bc50-11ed-86a7-afd466c0cfbb.html

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Nutty ruling. I wonder what they would say if he had made a run for it since he was not under "formal arrest". On edit: This is Colorado Supreme Court, not U.S.S.C

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By 4-3, Supreme Court says no Miranda warning necessary for man repeatedly told he was under arrest (Original Post) OnlinePoker Mar 2023 OP
4-3 ruling. The counter from the 3 might be interesting. NM Grins Mar 2023 #1
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