Officers Said It Was a Terry Stop the Defense Said It Was Custodial Interrogation
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Officers Said It Was a Terry Stop the Defense Said It Was Custodial Interrogation
60 605 просмотров · 1 день назад
Trial Cam Network
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60 605 просмотров · 1 день назад
In Fairborn Ohio, Daryl Cole was sitting in the backseat of a truck in a Menards parking lot when two officers responded to a suspicious person call. Within minutes he was out of the vehicle, not free to leave, and being questioned as part of an active theft investigation. No Miranda rights were read. The stop lasted approximately forty minutes. Officers showed him photographs, accused him and others of hitting multiple Menards locations, searched the vehicle, and issued trespass notices before letting everyone go without an arrest. The defense argued this was not a Terry stop — it was custodial interrogation from the moment Cole was told he could not leave. The state argued officers were conducting a lawful investigative detention the entire time. The judge had to draw the line between the two. And that line is one of the most debated questions in Fourth Amendment law.
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