Tuesday, December 04, 2012

Second Circuit -- United States v. Murphy


District court did not clearly err by holding that the deft had stopped in response to patrol car lights, given the patrol car lights n the video of the stop.

Trooper's "Kansas two step" of briefly turning away from the car before asking consent to search was not enough to dissipate the taint of the illegal stop.

Miranda warnings incorrect enough to dispel waiver -- the added instruction that the defts should talk to the police negated the knowing waiver..

United States v. Murphy
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.