State v. Morgan
State v. Morgan
Opinion of the Court
|/Writ granted. As reiterated in State v. Bernard, 09-1178, p. 5 (La.3/16/10); 31 So.3d 1025, 1029, “Miranda only applies if three conditions are met: (1) the defendant is in ‘custody’ or significantly deprived of freedom, (2) there is an ‘interrogation,’ and (3) the interrogation is conducted by a ‘law enforcement officer’ or someone acting as their agent.” See also United States v. Maddox, 492 F.2d 104, 107 (5th Cir. 1974)' (“Defendants’ objection is premised on the private investigator’s failure to give Miranda warnings to Knowles. Miranda is inapplicable to non-custodia! questioning by private citizens.”) (citing Yates v. United States, 384 F.2d 586 (5th Cir. 1967)).In the pres'ent case, there is no indication’the private investigator ■ was acting as a law ■ enforcement officer or as an agent of -law enforcement. Therefore, the district court erred in granting defendant’s motion to suppress his inculpatory statement based
Reference
- Full Case Name
- STATE of Louisiana v. Kevin MORGAN
- Status
- Published