You are here: / / Questioning at Home Did Not Trigger Need for Miranda Warnings
,

Questioning at Home Did Not Trigger Need for Miranda Warnings

The Third Department determined the questioning of defendant by police at defendant’s home did not constitute custodial interrogation requiring Miranda warnings:

At  the  Huntley  hearing, the  two  officers testified that they  informed  defendant  of  the  reason  for  their  visit, were invited into his home, sat around a dining room table and engaged in small talk about  various topics. Defendant was not restrained, he was cooperative and the conversation was cordial, including when discussing the victim’s allegations. The questions regarding the victim were investigatory and not accusatory in tone. After about 30 minutes to an hour and defendant’s acknowledgment of the veracity of some of the  victim’s claims, he  was  asked  to  accompany  the  officers to  the Sheriff’s Department,  he  agreed  to  go  in the  officers’ unmarked vehicle and he was not at any time placed in handcuffs.  People v Vieou, 104521, 3rd Dept, 6-6-13

SUPPRESSION

 

You might also like
Review of Action Brought Under General Municipal Law Section 4 (Re: Unlawful Use of Tax, Water and Sewer Funds) Must Be by Article 78, Not Appeal
Two-to-Five-Foot Fall from Edge of Roof to Scaffolding Supported Labor Law 240 (1) Cause of Action
Pit Bull Acted in Self-Defense and Should Not Have Been Deemed “Dangerous;” ”Dangerous” Finding Can Not Be Based Solely On the Dog’s Breed
Claimant Did Not Demonstrate a Compelling Reason to Close His Business—Unemployment Insurance Benefits Denied
Damage to Building Caused by Silica Dust Excluded from Coverage Under “Pollutants” and “Faulty Workmanship” Policy Exclusions
CLAIMANT, A PER DIEM SUBSTITUTE TEACHER, WAS GIVEN REASONABLE ASSURANCE OF CONTINUED EMPLOYMENT AND THEREFORE WAS NOT ENTITLED TO UNEMPLOYMENT BENEFITS BETWEEN THE ACADEMIC TERMS (THIRD DEPT).
Abuse Was Not Demonstrated; Non-Testifying Child’s Out-Court-Statements Not Corroborated by Witnesses Who Testified About What the Child Told Them
PLAINTIFF COUNTY, ACTING ON BEHALF OF THE NURSING HOME WHERE DECEDENT WAS CARED FOR, WAS ENTITLED TO DISCLOSURE OF DECEDENT’S TAX RETURNS; THE RETURNS ARE RELEVANT TO WHETHER DECEDENT’S SON BREACHED THE “RESPONSIBLE PARTY AGREEMENT” WHICH REQUIRED HIM TO USE THE DECEDENT’S INCOME TO PAY THE NURSING HOME (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Confidential Informant Provided Reasonable Suspicion for a Vehicle Stop; Information... Court’s Failure to Inquire About Potential Conflict of Interest and Failure...