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CONFESSION SUPPRESSED BECAUSE OF FAILURE TO MIRANDIZE

Posted by Daniel Q. Herbert | Aug 13, 2015 | 0 Comments

In People v Coleman, the Illinois Appellate Court considers the definition of police custody in order for police to be required to provide Miranda Warnings. The court ruled that the determination of custody depends on the objective circumstances of the interrogation and not of the subjective views of the officers or person being questioned. The failure to provide Miranda Warnings cannot be excused based on the mere fact that the Defendant did not believe that he was in police custody. The court rules that in this case, Defendant was handcuffed and questioned about independent crimes, which objectively would lead a reasonable person to believe that they were not free to leave. Analyzing the circumstances of this interrogation the Court ruled that the Defendant was in custody and entitled to Miranda Warnings.  People v. Coleman, 2015 IL App. (4th) 140730

About the Author

Daniel Q. Herbert
Daniel Q. Herbert

Daniel Q. Herbert is a Chicago attorney who has been recognized for his accomplishments in the courtroom by multiple distinguished organizations. Born and raised on Chicago's Northside, Dan followed in his father's footsteps, becoming a Chicago police officer and working as a member of the Chicag...

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