Tucker v. State

ANSTEAD, Judge.

At issue is whether Tucker was in custody and entitled to be advised of his constitutional rights when he made incriminating admissions upon being questioned by the police. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The trial court found that he was not in custody. However, in our view, the law and the facts do not support this conclusion.

Tucker was driving late at night when the police, in an approaching marked police car, made a U-turn, turned on the car’s flashing lights, and stopped Tucker’s vehicle. Tucker was stopped at the direction of…