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State V. Mirquet

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This Court granted certiorari to review a Court of Appeals decision affirming the trial court's suppression of physical evidence obtained as a result of what both courts held to be a custodial interrogation of defendant in which no Miranda *fn1 warning was given. State v. Mirquet, 844 P.2d 995, 1001 (Utah Ct.App. 1992), cert. granted, 857 P.2d 948 (Utah 1993). We affirmed the Court of Appeals' decision and issued our opinion on June 30, 1995. Subsequently, the State filed a petition for rehearing, primarily to seek clarification of the standards determining when a person who is interrogated by police prior to an actual arrest is deemed to be "in custody" and entitled to a Miranda warning. We granted the State's petition to amend our initial opinion in light of Stansbury v. California, ___ U.S. ___, 114 S.Ct. 1526, 128 L.Ed.2d 293 (1994), and to make explicit that where an officer has made an uncommunicated decision to arrest a detained person, accusatory questioning of that person does not necessarily require Miranda warnings. As we did in our initial opinion, we affirm the decision of the Court of Appeals.

State V. Mirquet
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  • 0,99 €
  • Available on iPhone, iPad, iPod touch, and Mac.
  • Category: Law
  • Published: 27 March 1996
  • Publisher: LawApp Publishers
  • Print Length: 12 Pages
  • Language: English
  • Requirements: To view this book, you must have an iOS device with iBooks 1.3.1 or later and iOS 4.3.3 or later, or a Mac with iBooks 1.0 or later and OS X 10.9 or later.

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