Legal Opinion
State v. Johnston
Court of Appeals of North Carolina
Decided December 3, 2002No. COA01-1379PublishedCited by 13 opinions
1Opinion of the Court
WYNN, Judge.
This case presents one fundamental issue: Does handcuffing a criminal suspect in the back of a police car constitute “custody” and trigger the protections of Miranda v. Arizona, 384 U.S. 436 (1966)? In State v. Buchanan, the Supreme Court of North Carolina held that “the appropriate inquiry in determining whether a defendant is in ‘custody’ for purposes of Miranda is, based on the totality of the circumstances, whether there was a ‘formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.’ ” 353 N.C. 332, 339, 543 S.E.2d 823, 828 (2001)…
2Cases cited11 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Berkemer v. McCartySupreme Court of the United States · 1984
- Stansbury v. CaliforniaSupreme Court of the United States · 1994
- State v. BuchananSupreme Court of North Carolina · 2001
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. FisherCourt of Appeals of North Carolina · 2003
- Dixon v. Com.Supreme Court of Virginia · 2005
- State v. CrudupCourt of Appeals of North Carolina · 2003
- State v. YoungCourt of Appeals of North Carolina · 2007
- In Re LiCourt of Appeals of North Carolina · 2010
8 more not listed; retrieve them via the Exa API.