statements were obtained violation (Virginia) · Go Syfert
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statements were obtained violation in Virginia

9 Virginia opinions name it 2 courts 1998–2020 0 in the last five years

The cases below were cited by Virginia 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 (3)

CaseFollowedCited
Miranda v. Arizonagreen
scotus · 1966 · cited in 4 Virginia opinions naming this issue, 1998–2020
2 sentences

2020Finding that the statements were obtained in violation of the protections provided for in Miranda v. Arizona, 384 U.S. 436 (1966), the trial court suppressed the statements.

2007Bowman filed a pretrial motion to suppress all of his inculpatory statements on the grounds the statements were obtained in violation of his Fifth Amendment right against self-incrimination, as protected under the procedural safeguards of Miranda v. Arizona, 384 U.S. 436, 478 (1966).

14
Commonwealth v. Whitegreen
va · 2017 · cited in 1 Virginia opinions naming this issue, 2019–2019
1 sentence

2019“When considering whether to affirm the denial of a pretrial suppression motion, an appellate court reviews not only the evidence presented at the pretrial hearing but also the evidence later presented at trial.” Tirado v. Commonwealth, 296 Va. 15 , 24-25 (2018) (quoting Commonwealth v. White, 293 Va. 411, 414 (2017)).

11
Rhode Island v. Innisgreen
scotus · 1980 · cited in 1 Virginia opinions naming this issue, 2007–2007
1 sentence

2007More specifically, Bowman argues that his pre-Miranda warning statements were the product of a custodial police interrogation, as defined in Rhode Island v. Innis, 446 U.S. 291, 300-01 (1980), and that his post-Miranda warning statements were the product of a deliberate two-step interrogation strategy designed to circumvent Miranda, a tactic proscribed in Missouri v. Seibert, 542 U.S. 600 (2004) (plurality opinion).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Wong Sun v. United States green
scotus · 1963
2 sentences

1998Because Ford was not warned of his Miranda rights prior to the questioning that led to his incriminating statements, I would hold that the statements were obtained in violation of Ford’s Fifth Amendment rights and that all the evidence derived from his statements was tainted under the rule of Wong Sun v. United States, 371 U.S. 471, 488 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963).

1998Because Ford was not warned of his Miranda rights prior to the questioning that led to his incriminating statements, I would hold that the statements were obtained in violation of Ford’s Fifth Amendment rights and that all the evidence derived from his statements was tainted under the rule of Wong Sun v. United States, 371 U.S. 471, 488 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963).

21998–1998
Terry v. Ohio green
scotus · 1968
1 sentence

2011Before trial, Floyd moved to suppress his May 3, 2010 statements to Garrett following the statement, “I’m in trouble, aren’t I?” on the ground that the statements were obtained in violation of the Fifth Amendment. 2 After a hearing on the motion to suppress, the trial court found that Floyd was lawfully temporarily detained under Terry v. Ohio, 392 U.S. 1 (1968).

12011–2011
Missouri v. Seibert green
scotus · 2004
1 sentence

2007More specifically, Bowman argues that his pre-Miranda warning statements were the product of a custodial police interrogation, as defined in Rhode Island v. Innis, 446 U.S. 291, 300-01 (1980), and that his post-Miranda warning statements were the product of a deliberate two-step interrogation strategy designed to circumvent Miranda, a tactic proscribed in Missouri v. Seibert, 542 U.S. 600 (2004) (plurality opinion).

12007–2007
Edwards v. Arizona green
scotus · 1981
1 sentence

2006By order entered January 17,2006, the statements made by the defendant to two investigators of the Loudoun County Sheriffs Office on July 6, 2005, were suppressed because the statements were obtained in violation of Edwards v. Arizona, 451 U.S. 477 (1981), and its progeny, especially, Minnick v. Mississippi, 498 U.S. 146 (1990).

12006–2006
Minnick v. Mississippi green
scotus · 1990
1 sentence

2006By order entered January 17,2006, the statements made by the defendant to two investigators of the Loudoun County Sheriffs Office on July 6, 2005, were suppressed because the statements were obtained in violation of Edwards v. Arizona, 451 U.S. 477 (1981), and its progeny, especially, Minnick v. Mississippi, 498 U.S. 146 (1990).

12006–2006

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (3) VA § Va. Code Ann. § 19.2-398 (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

CA 19 (1966–2026) NY 9 (1984–2024) VA 9 (1998–2020) AZ 6 (1981–2019) FL 6 (1978–2023) PA 6 (1973–2018) MD 5 (2005–2012) CT 4 (1999–2010) IN 4 (1997–2007) TX 4 (1979–2010) IL 4 (1974–2021) OH 4 (2001–2014) NE 3 (2000–2021) MO 3 (1985–1999) TN 3 (1997–2014) LA 3 (2004–2026) MI 3 (1982–2016) GA 3 (2000–2018) SD 2 (2016–2016) NM 2 (2007–2015) WI 2 (2021–2024) OR 2 (1987–1988) ND 2 (2007–2007) AL 2 (1993–2013)

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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