I've got some caselaw on what is and isn't custodial interrogation - but most of it is DWI related and DWI investigation related. In this situation, D is stopped for fleeing from police, detained felony style in handcuffs while passenger is dealt with - then D is brought in front of the camera in handcuffs and asked questions about what he saw/didn't see while fleeing from officer (D admits that he saw officer's lights and kept going), then officer uncuffs him on camera and proceeds with DWI case.
Issue is whether the questioning while being detained in handcuffs prior to DWI investigation is suppressible. I will be trying the fleeing and not the DWI.
About to do some research, but any thoughts would be helpful. Thx.
D counsel is almost certainly going to try and keep these incriminating statements out - miranda, custodial interrogation, etc. I'm looking for a detention/investigation questions versus custodial interrogation distinction.
You're not going to have trouble finding a whole ton of cases on this subject, but the most recent case with slightly similar facts we've had in our case summaries is this one out of Houston: Ortiz v. State
Hope that gets you started!
Thanks a bunch. I've found some good stuff.
In y'all's opinion, should the DWI investigation be pre-emptively redacted? I need all the evidence I can get of "motive" to flee - and underage drinking, the finding of a marijuana pipe in the vehicle, and the fake virginia i.d. being found is all relevant as to motive to run, at least IMO.
Redacted for what… discovery purposes?
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