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COA denies Miranda rights appeal in drunken driving case

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The Indiana Court of Appeals has affirmed a trial court’s decision that a man arrested for drunken driving was not entitled to counsel or a Miranda warning when police asked for his consent to a blood draw because he was not being interrogated at the time.

Citing Schmerber v. California, 384 U.S. 757, 761 (1966), the Indiana appeals court stated that in the case of Michael E. Cohee v. State of Indiana, No.89A01-1009-CR-472, Cohee’s chemical test would not be considered self-incriminating evidence protected under the Fifth Amendment.

The appeals court also cited Dalton v. State, 773 N.E.2d 332, 335 (Ind. Ct. App. 2002), stating that a person who drives on Indiana’s roads has no right to consult with an attorney prior to deciding whether to submit to a chemical test under the Implied Consent law.
 
In April 2010, Richmond police stopped Cohee’s car for a broken tail light. The officer who initiated the traffic stop noted that Cohee smelled of alcohol and had bloodshot eyes, and subsequently arrested Cohee after he failed field sobriety tests.

Cohee argued that once police told him he was “under arrest,” he should have been read his rights under Miranda v. Arizona, 384 U.S. 436 (1966). Citing that case, the appeals court ruled that although Cohee was technically in police custody, he was not the subject of interrogation, which Miranda defines as “express questioning and words or actions on the part of the police that the police know are reasonably likely to elicit an incriminating response from the suspect.”

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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