Thursday, January 18, 2007

Miranda Not Violated By Asking Handcuffed Defendants If They Owned House Being Searched

U.S. v. Glover, 2007 WL 60897 (1/10/07)(unpub'd) - The officer did not have to give Miranda warnings when he asked the handcuffed occupants of a house that was the subject of a search warrant whether the house was theirs. An inquiry about the suspect's residence is just a normal question attendant to arrest, (although in context it certainly sought an incriminating response!). The officer also did not have to give warnings when the officer told the defendant and his companion they were being arrested for possession of the marijuana and gun found in the house. The defendant's response that those items were his, not his companion's, was admissible. Informing suspects of the grounds for arrest is prudent police practice, not interrogation.