absence of Miranda warning (Louisiana) · Go Syfert
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absence of Miranda warning in Louisiana

16 Louisiana opinions name it 2 courts 1978–2025 2 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Oregon v. Elstadgreen
scotus · 1985 · cited in 2 Louisiana opinions naming this issue, 1997–2003
2 sentences

2003See Oregon v. Elstad, 470 U.S. 298 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985).

2003See Oregon v. Elstad, 470 U.S. 298 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985).

22
State v. Foretgreen
lactapp · 1996 · cited in 2 Louisiana opinions naming this issue, 2017–2023
2 sentences

2023State v. Foret, 96-281, p. 29 (La .App. 5 Cir. 11/14/96), 685 So. 2d 210 , (citing State v. Thompson, 399 So. 2d 1161 (La.1981)).

2017App. 5 Cir. 11/14/96), 685 So.2d 210, 222 (citing State v. Thompson, 399 So.2d 1161 (La.1981)).

12
State v. Lassaigreen
la · 1978 · cited in 2 Louisiana opinions naming this issue, 1981–2002
2 sentences

2002State v. Lassai, 366 So.2d 1389, 1390 (La. 1978), citing United States v. Johnson, 455 F.2d 932 (5th Cir.1972), cert. denied, 409 U.S. 856 , 93 S.Ct 136 , 34 L.Ed.2d 101 (1972).

1981In State v. Lassai, 366 So.2d 1389 (La.1978), we held that a defendant's admissions to his probation officer were properly admitted in spite of the absence of Miranda warning.

12
State v. Colemangreen
lactapp · 2008 · cited in 1 Louisiana opinions naming this issue, 2017–2017
1 sentence

2017Code Crim.P, art. 703(D); see also State v. Coleman, 07-794 (La.App. 3 Cir. 2/6/08) , 976 So.2d 268 . “[Spontaneous and voluntary statements not made as a result of police interrogation or compelling influence are admissible in the absence of Miranda warnings even if the accused is in custody.” State v. Foret, 96-281, p. 29 (La.

11
State v. Edwardsgreen
lactapp · 1983 · cited in 1 Louisiana opinions naming this issue, 2002–2002
1 sentence

2002See also State v. Edwards, 440 So.2d 845 (La.App. 2 Cir.1983) (holding that a probationer's admissions to a probation officer are admissible at a revocation hearing in spite of the absence of Miranda warnings).

11
State v. Cagegreen
la · 1991 · cited in 1 Louisiana opinions naming this issue, 2002–2002
2 sentences

2002See State v. Cage, 583 So.2d 1125 (La.1991). [6] Those safeguards, commonly known as the Miranda warnings, are as follows: "Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed." Id. [7] This court has held that a defendant's statement made to his probation officer was properly admitted by the trial judge despite the absence of Miranda warnings.

2002See State v. Cage, 583 So.2d 1125 (La.1991). [6] Those safeguards, commonly known as the Miranda warnings, are as follows: "Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed." Id. [7] This court has held that a defendant's statement made to his probation officer was properly admitted by the trial judge despite the absence of Miranda warnings.

11
Miranda v. Arizonagreen
scotus · 1966 · cited in 1 Louisiana opinions naming this issue, 2000–2000
2 sentences

2000Miranda v. Arizona, 384 U.S. 436, 477 , 86 S.Ct. 1602, 1629 , 16 L.Ed.2d 694 (1966) ("General on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process is not affected by our holding.").

2000Miranda v. Arizona, 384 U.S. 436, 477 , 86 S.Ct. 1602, 1629 , 16 L.Ed.2d 694 (1966) ("General on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process is not affected by our holding.").

11
State v. Johnsongreen
washctapp · 1973 · cited in 1 Louisiana opinions naming this issue, 1978–1978
2 sentences

1978United States v. Johnson, 455 F.2d 932 (5th Cir. 1972), cert. den. 409 U.S. 856 , 93 S.Ct. 136 , 34 L.Ed.2d 101 (1972); accord, State of Washington v. Johnson, 9 Wash.App. 766 , 514 P.2d 1073 (1973).

1978United States v. Johnson, 455 F.2d 932 (5th Cir. 1972), cert. den. 409 U.S. 856 , 93 S.Ct. 136 , 34 L.Ed.2d 101 (1972); accord, State of Washington v. Johnson, 9 Wash.App. 766 , 514 P.2d 1073 (1973).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
State v. Thompson green
la · 1981
2 sentences

2023State v. Foret, 96-281, p. 29 (La .App. 5 Cir. 11/14/96), 685 So. 2d 210 , (citing State v. Thompson, 399 So. 2d 1161 (La.1981)).

2017App. 5 Cir. 11/14/96), 685 So.2d 210, 222 (citing State v. Thompson, 399 So.2d 1161 (La.1981)).

31996–2023
State v. Robinson green
la · 1980
2 sentences

1992State v. Robinson, supra ; State v. Lambertus, 482 So.2d 812 (La.App. 4th Cir.1986).

1986State v. Smith, 407 So.2d 652 (La.1981); State v. Robinson, 384 So.2d 332 (La.1980).

31984–1992
Nix v. Williams green
scotus · 1984
2 sentences

2008Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501, 2509 , 81 L.Ed.2d 377 (1984).

2008Nix v. Williams, 467 U.S. 431, 444 , 104 S.Ct. 2501, 2509 , 81 L.Ed.2d 377 (1984).

22000–2008
Mathis v. United States green
scotus · 1968
2 sentences

2003The court stated: Even assuming that the detective’s initial questions ranged beyond an internal prison disciplinary proceeding to the investigation of a criminal offense, that the defendant was therefore “in custody” for Miranda purposes, see Mathis v. United States, 391 U.S. 1 , 88 S.Ct. 1503 , 20 L.Ed.2d 381 (1968), that the absence of Miranda warnings tainted his initial responses, and that his initial statements were of an equal inculpatory cast as his subsequent confession, the defendant’s voluntary statements made after he received his Miranda warnings remain admissible at trial.

2003The court stated: Even assuming that the detective’s initial questions ranged beyond an internal prison disciplinary proceeding to the investigation of a criminal offense, that the defendant was therefore “in custody” for Miranda purposes, see Mathis v. United States, 391 U.S. 1 , 88 S.Ct. 1503 , 20 L.Ed.2d 381 (1968), that the absence of Miranda warnings tainted his initial responses, and that his initial statements were of an equal inculpatory cast as his subsequent confession, the defendant’s voluntary statements made after he received his Miranda warnings remain admissible at trial.

21997–2003
United States v. Tollie Johnson green
ca5 · 1972
2 sentences

2002State v. Lassai, 366 So.2d 1389, 1390 (La. 1978), citing United States v. Johnson, 455 F.2d 932 (5th Cir.1972), cert. denied, 409 U.S. 856 , 93 S.Ct 136 , 34 L.Ed.2d 101 (1972).

1978United States v. Johnson, 455 F.2d 932 (5th Cir. 1972), cert. den. 409 U.S. 856 , 93 S.Ct. 136 , 34 L.Ed.2d 101 (1972); accord, State of Washington v. Johnson, 9 Wash.App. 766 , 514 P.2d 1073 (1973).

21978–2002
Rhodes v. Haynes green
scotus · 1972
2 sentences

2002State v. Lassai, 366 So.2d 1389, 1390 (La. 1978), citing United States v. Johnson, 455 F.2d 932 (5th Cir.1972), cert. denied, 409 U.S. 856 , 93 S.Ct 136 , 34 L.Ed.2d 101 (1972).

1978United States v. Johnson, 455 F.2d 932 (5th Cir. 1972), cert. den. 409 U.S. 856 , 93 S.Ct. 136 , 34 L.Ed.2d 101 (1972); accord, State of Washington v. Johnson, 9 Wash.App. 766 , 514 P.2d 1073 (1973).

21978–2002
Hampton v. United States green
scotus · 1972
2 sentences

2002State v. Lassai, 366 So.2d 1389, 1390 (La. 1978), citing United States v. Johnson, 455 F.2d 932 (5th Cir.1972), cert. denied, 409 U.S. 856 , 93 S.Ct 136 , 34 L.Ed.2d 101 (1972).

1978United States v. Johnson, 455 F.2d 932 (5th Cir. 1972), cert. den. 409 U.S. 856 , 93 S.Ct. 136 , 34 L.Ed.2d 101 (1972); accord, State of Washington v. Johnson, 9 Wash.App. 766 , 514 P.2d 1073 (1973).

21978–2002
State v. Smith green
la · 1981
2 sentences

1986State v. Smith, 407 So.2d 652 (La.1981); State v. Robinson, 384 So.2d 332 (La.1980).

1984State v. Smith, 407 So.2d 652 (La.1981); State v. Robinson, 384 So.2d 332 (La.1980); State v. George, 371 So.2d 762 (La.1979).

21984–1986
New York v. Quarles green
scotus · 1984
1 sentence

2025Id. at 655- 60, 104 S.Ct. at 2631-33.

12025–2025
Missouri v. Seibert green
scotus · 2004
2 sentences

2015On appeal, defendant argues that the trial court erred in admitting his recorded statement because “the illegality of the written statement served to undermine the voluntariness of the subsequently obtained recorded statement.” In support of this argument, defendant relies on the United States Supreme Court case, Missouri v. Seibert, 542 U.S. 600 , 124 S.Ct. 2601 , 159 L.Ed.2d 643 (2004), in which the Supreme Court was confronted with a similar factual scenario where the suspect provided a confession in the absence of Miranda warnings, was advised of her Miranda rights, and then repeated her c

2015On appeal, defendant argues that the trial court erred in admitting his recorded statement because “the illegality of the written statement served to undermine the voluntariness of the subsequently obtained recorded statement.” In support of this argument, defendant relies on the United States Supreme Court case, Missouri v. Seibert, 542 U.S. 600 , 124 S.Ct. 2601 , 159 L.Ed.2d 643 (2004), in which the Supreme Court was confronted with a similar factual scenario where the suspect provided a confession in the absence of Miranda warnings, was advised of her Miranda rights, and then repeated her c

12015–2015
State v. Cowan green
la · 2000
1 sentence

2002Id.

12002–2002
State v. Lambertus green
lactapp · 1986
1 sentence

1992State v. Robinson, supra ; State v. Lambertus, 482 So.2d 812 (La.App. 4th Cir.1986).

11992–1992
State v. George green
la · 1979
1 sentence

1984State v. Smith, 407 So.2d 652 (La.1981); State v. Robinson, 384 So.2d 332 (La.1980); State v. George, 371 So.2d 762 (La.1979).

11984–1984

Statutes the citing opinions construe

LA § La. Rev. Stat. § 15:451 (5) LA § La. Rev. Stat. § 15:529.1 (3) LA § La. Rev. Stat. § 40:966 (3) LA § La. Rev. Stat. § 40:967 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 56 (1976–2026) TX 38 (2005–2025) CA 26 (1976–2025) GA 18 (1978–2022) PA 16 (1971–2025) LA 16 (1978–2025) IL 16 (1979–2021) AL 11 (1980–2009) OR 11 (1981–2025) MA 11 (1982–2025) OH 11 (1999–2024) NJ 10 (1978–2026) WA 9 (1976–2013) WI 8 (1983–2024) NC 7 (1981–2023) TN 6 (1996–2020) AZ 6 (1978–2025) MD 5 (1975–2010) MI 5 (1977–2013) FL 5 (1984–2007) RI 4 (1993–2022) CT 4 (1987–2014) NM 3 (1994–2026) ND 3 (1994–1999) MS 3 (1989–2015) CO 3 (1985–2019) ME 3 (1980–1986) VA 3 (1971–2008) AK 3 (1980–1984) NE 2 (2009–2023) VT 2 (1998–2005) ID 2 (1974–1999) KS 2 (2009–2020) HI 2 (2012–2022) DE 2 (1997–2017) IN 2 (1975–2019) SC 2 (2007–2023) MN 2 (1986–1990)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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