Legal Opinion

State v. Hammonds

Supreme Court of North Carolina

Decided September 29, 2017No. 389A15-2PublishedCited by 13 opinions

1Opinion of the Court

HUDSON, Justice.

**159Here we are asked to decide whether the trial court properly concluded that defendant was not subjected to a custodial interrogation *440as defined in Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), when police questioned him while he was confined under a civil commitment order. After considering the totality of the circumstances, we conclude that defendant was in custody for Miranda purposes. Therefore, the failure of police to advise him of his rights under Miranda rendered inadmissible the incriminating statements he made during the interrogation.…

2Cases cited20 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. Stansbury v. CaliforniaSupreme Court of the United States · 1994
  4. Thompson v. KeohaneSupreme Court of the United States · 1995
  5. Howes v. FieldsSupreme Court of the United States · 2012

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3Cited by13 opinions

  1. State v. VeneyCourt of Appeals of North Carolina · 2018
  2. State v. SantillanCourt of Appeals of North Carolina · 2018
  3. United States v. HallfordDistrict Court, District of Columbia · 2017
  4. State v. JohnsonSupreme Court of North Carolina · 2018
  5. In re: D.A.H.Court of Appeals of North Carolina · 2021

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