State v. Bartelt

by
At issue was at which point in time Defendant was considered “in custody” for purposes of Miranda v. Arizona, 384 U.S. 436 (1966).The circuit court denied Defendant’s motion to suppress incriminating statements made to law enforcement officers, concluding that Defendant was not in custody at the time the statements were made. The Supreme Court affirmed, holding that, in light of the totality of the circumstances of this case, Defendant’s confession did not transform his status to that of “in custody.” Rather, Defendant was not in custody until detectives took his cell phone, approximately ten minutes after his confession, and instructed him to remain in the interview room. Because Defendant was not in custody until this point, which was after his alleged request for counsel, his Fifth Amendment right to counsel did not attach. View "State v. Bartelt" on Justia Law