Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
Smith's Criminal Case Compendium
About
This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.
Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.
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Considering the circumstances under which Miranda warnings are required when a member of the Armed Forces is questioned by a superior officer about involvement in the commission of a crime, the court concluded that the trial court’s order denying the defendant’s motion to suppress statements to...
The court rejected the defendant’s claim that counsel was ineffective by failing to object to the admission of his statement to an officer that the cocaine in question belonged to him and not a passenger in the vehicle; the court rejected the defendant’s argument that the statements were...
(1) Because the defendant was handcuffed and placed under arrest, the trial court erred by concluding that the defendant was not in custody when he made a statement to the officer. (2) The defendant was subject to an interrogation when, after handcuffing the defendant, placing him under arrest,...
The defendant’s statements, made during the stop were voluntary and not the result of any custodial interrogation. None of the officers asked or said anything to the defendant to elicit the statement in question. Rather, the defendant volunteered the statement in response to one officer...
The defendant’s statements, made while a police officer who responded to a domestic violence scene questioned the defendant’s girlfriend, were spontaneous and in not response to interrogation. The State conceded that the defendant was in custody at the time. The court rejected the defendant’s...
A juvenile’s statement, made while in custody, was the product interrogation and not a voluntary, spontaneous statement. The trial court thus erred by denying the juvenile’s motion to suppress the statement, since the juvenile had not advised her of her rights under Miranda and G.S. 7B-...
The trial judge properly determined that a juvenile’s statements, made after an officer’s search of his person revealed cash, were admissible. The juvenile’s stated that the cash was not from selling drugs and that it was his mother’s rent money. The statement was unsolicited and spontaneous.
Defendant’s mother was not acting as an agent of the police when, at the request of officers, she asked her son to tell the truth about his involvement in the crime. This occurred in a room at the police station, with officers present.
The defendant was subject to interrogation within the meaning of Miranda when he made incriminating statements to a detective. The detective should have known that his conduct was likely to elicit an incriminating response when, after telling the defendant that their conversation would...
Officers did not interrogate the defendant within the meaning of Miranda. An officer asked the defendant to explain why he was hanging out of a window of a house that officers had approached on an informant’s tip that she bought marijuana there. The defendant responded, “Man, I’ve got...
The police did not impermissibly interrogate the defendant after he requested a lawyer by offering to allow him to speak with his grandmother by speaker phone. Once the defendant stated that he wished to have a lawyer, all interrogation ceased. However, before leaving for the magistrate’s office...