US Law Week

Man’s Statements to Police Withheld Over Lack of Miranda Warning

Jan. 21, 2021, 7:30 PM

A man’s incriminatory statements to police after he was stopped at a Nevada shopping mall can be withheld because the officers failed to read him his Miranda warnings, the Ninth Circuit affirmed Thursday.

The statements were a product of a custodial interrogation conducted without the warnings required by Miranda v. Arizona, and are therefore inadmissible, according to the U.S. Court of Appeals for the Ninth Circuit.

However, “the failure to give Miranda warnings is not dispositive of whether an individual voluntarily consented to a search,” the court said, citing precedent.

The panel declined to decide whether the search of...

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