U.S. v. Memoli, No. 04 Cr. 140 (JSR) (S.D.N.Y.) (333 F.Supp.2d 233) (September 17, 2004) (Judge Jed S. Rakoff)
Loaded on Nov. 1, 2004
published in Punch and Jurists
November 01, 2004
Filed under:
Punch And Jurists,
Miranda.
Defendant, who was charged with unlawful possession of firearms, moved to suppress various statements that he gave following his arrest, as well as the fruits of a search conducted that same day of an apartment that he occupied, along with the primary tenant, his girlfriend.
First, in the absence of ...
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Muntaqim v. Coombe, No. 01-7260 (2nd Cir.) (385 F.3d 793) (October 1, 2004) (Per Curiam)
- Smith v. Stegall, No. 02-2441 (6th Cir.) (385 F.3d 993) (August 4, 2004) (Judge Ronald Lee Gilman)
- U.S. v. Croce, No. CR. 02-819-01 (E.D.Pa.) (334 F.Supp.2d 781) (September 8, 2004) (Judge Stewart Dalzell)
- U.S. v. Memoli, No. 04 Cr. 140 (JSR) (S.D.N.Y.) (333 F.Supp.2d 233) (September 17, 2004) (Judge Jed S. Rakoff)
- White v. Scibana, No. 04-2410 (7th Cir.) (390 F.3d 997) (December 2, 2004) (Judge Diane S. Sykes)
- U.S. v. Zingsheim, No. 04-1671 (7th Cir.) (384 F.3d 867) (September 29, 2004) (Judge Frank H. Easterbrook)
- U.S. v. Mendez-Morales, No. 03-3477 (8th Cir.) (384 F.3d 927) (October 6, 2004) (Judge James B. Loken)
- U.S. v. Vasquez-Molina, No. 03-2655 (1st Cir.) (399 F.3d 54) (November 15, 2004) (Judge Bruce M. Selya)
- U.S. v. Sasson, No. 03-CR-489(ERK) (E.D.N.Y.) (334 F.Supp.2d 347) (September 13, 2004) (Judge Edward R. Korman)
- U.S. v. Allen, No. 04-1199 (7th Cir.) (383 F.3d 644) (September 9, 2004) (Judge Diane S. Sykes)
- Mickens v. U.S., No. CV-97-2122 (E.D.N.Y.) (333 F.Supp.2d 44) (August 25, 2004) (Judge Thomas C. Jr. Platt)
More from these topics:
- California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed, Aug. 15, 2024. Vehicle Searches, Consensual Encounters, Suppression, Miranda.
- Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’, July 15, 2024. AEDPA, Miranda, Custodial Interrogations, Minors, Use of, Interrogation.
- Oregon Supreme Court Rules Police Questioning of Probationer in Probation Officer’s Secure Office Absent Miranda Warning Constitute ‘Compelling Circumstances’ and Suppresses Statements, June 15, 2024. Miranda, Custodial Interrogations, Interrogation, In Custody.
- First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’, March 15, 2024. Miranda, Custodial Interrogations, In-home, Right To Remain Silent, Interrogation, Voluntary Nature/Voluntariness.
- The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents, Feb. 15, 2024. Commentary/Reviews, Wrongful Conviction, Confessions - Admissibility, Impeachment Evidence/Purposes, Miranda, Interrogation, In Custody, Confessions and Statements of Defendant, Voluntary Nature/Voluntariness.
- SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment, Sept. 15, 2022. Fifth Amendment, Miranda.
- New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation, Aug. 15, 2022. Police Misconduct, Custodial Interrogations/Statements, Miranda.
- Oregon Court Rules Prisoner’s Admissions in Disciplinary Hearing Violate Miranda, But Harmlessly, Aug. 1, 2022. Self Incrimination, Miranda.
- Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings, May 1, 2022. Miranda, Custodial Interrogations.
- California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home, Dec. 15, 2021. Miranda, Custodial Interrogations.