Does house arrest constitute custody for Miranda purposes?
Written By:
Reid
Feb 27, 2007
In the case U.S. v Cano, Slip Copy, 2007 WL 496704, W.D.N.C., 2007 the United States District Court, North Carolina ruled that house arrest with electronic monitoring is not per se "custody" in the context of Miranda. In their opinion they placed a great deal of reliance on United States v Conley "the seminal case in this Circuit" which had rejected the notion that an incarcerated person is "automatically always in 'custody' within the meaning of Miranda.
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