Giving Miranda Warnings a Factor in Determining Restraint on Liberty

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by: Ryan • June 18, 2014 • no comments

The case is State v. Charles. The key sentence is: "In our view, the officer's giving of Miranda warnings is a factor to be considered in determining whether the officer's actions conveyed a restraint on defendant's liberty."

It's a very good opinion on what constitutes a stop. It reflects an understanding of how police/civilian interactions work that is closer, in my view, to reality than we sometime see in the appellate courts. That said, it is well worth your time to read Judge Hadlock's careful and thoughtful dissent.

There is a debate to be had on what it means to be asked to cooperate with an investigation versus being the subject of an investigation. I read Judge Hadlock's dissent to suggest the issue is settled. I'm not convinced the recent OSC opinions are as unambiguous as I believe she does. Nevertheless, it's a very interest debate which I expect the OSC will feel the need ot address sooner rather than later.