A Beheler admonishment, telling a suspect that he is not under arrest and is free to go, at least under the right circumstances, avoids the need to Mirandize a criminal suspect before questioning him.
Passengers may lawfully be required to remain in a vehicle during a lawful traffic stop. In the penalty phase of a capital murder cases, aggravating circumstances need not be unanimously agreed upon by the jurors, nor is proof beyond a reasonable…
The fact that a criminal suspect is a minor is a factor to take into consideration when attempting to take the custody out of an interrogation by telling the suspect he is not under arrest.
An officer kneeling on an armed arrestee’s back for a limited time in order to facilitate the handcuffing of the arrestee, while preventing him from reaching for a knife, does not prevent the officer from claiming qualified immunity from civil…
To constitute a robbery, it must be proved that the victim himself gave up personal property out of fear. It is insufficient that a reasonable person, in the same or similar circumstances, would have been afraid.
