State v. Zan Morgan, 2002 WI App 124 For Morgan: Timothy A. Provis Issue: Whether Morgan was in custody, for Miranda purposes, after being handcuffed and placed in the back of a squad car. Holding: Custody is determined under “the totality of the circumstances, including such factors as: the defendant’s freedom to leave; the purpose, place, and length of… Read more
1. Miranda custody
State v. Susan M. Goetz, 2001 WI App 294 For Goetz: Nila J. Robinson Issue: Whether a person, detained during execution of a search warrant but not handcuffed until after questioning, was in custody for Miranda purposes. Holding: A suspect detained during execution of a search warrant isn’t in custody under Miranda. ¶12. In this case, Goetz was… Read more
State v. Dale Gruen, 218 Wis. 2d 581, 582 N.W.2d 728 (Ct. App. 1998) For Gruen: Scott F. Anderson Issue/Holding: … (W)hether or not Gruen was being detained pursuant to a Terry stop, or had been arrested for Fourth Amendment purposes, is not the determinative consideration. The only important inquiry is whether, for Fifth amendment… Read more
