Tolliver v. State

Thompson, Justice.

In this granted petition for writ of certiorari to the Court of Appeals, we are called upon to determine whether Miranda protections attached in the course of a crime scene investigation. We hold that where the accused was neither in custody nor so restrained as to equate to a formal arrest, any statements made to the investigating officer were made under noncustodial circumstances and Miranda warnings were not required.

A jury convicted Clayton Ray Tolliver of two counts of aggravated assault in connection with the firing of a pistol in an incident of “road rage.” On appeal,…