Legal Opinion · Dissent

May v. Commonwealth

Court of Appeals of Virginia

Decided October 21, 1986No. 0211-85Published

1DissentBenton, J.

I believe that Walter May’s statement pertaining to ownership of the luggage was improperly admitted into evidence. In Miranda v. Arizona, 384 U.S. 436 (1966) the Supreme Court stated:

[T]he prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of [a] defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self- incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his…

2Cases cited7 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. Commonwealth v. MeyerSupreme Court of Pennsylvania · 1980
  4. United States v. Donald Grant GibsonCourt of Appeals for the Fourth Circuit · 1968
  5. United States v. SchultzDistrict Court, D. Maryland · 1977

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