8 Indiana opinions name it 2 courts 1976–2017 0 in the last five years
The cases below were cited by Indiana 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.
| Case | Followed | Cited |
|---|---|---|
Jones v. Stategreen2 sentences2002See id. at 56 (“Jones was never in the care and control of the police or interrogated in a manner implicating the Fifth Amendment and necessitating the giving of Miranda warnings.”). 1996In addressing this question previously, we have looked to whether the police physically restrained the defendant or whether the defendant was “interrogated in a manner implicating the Fifth Amendment and necessitating the giving of Miranda warnings.” Id. at 56 . | 2 | 3 |
Torres v. Stategreen1 sentence2002Our supreme court concluded that Torres was in custody at that point, specifically citing the restriction on Torres’ freedom and that he was “interrogated in a manner implicating the Fifth Amendment and necessitating the giving of Miranda warnings.” Id. at 474 (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Miranda v. Arizona
green
2 sentences1982Miranda v. Arizona, (1966) 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 ; Pirtle v. State, (1975) 263 Ind. 16 , 323 N.E.2d 634 .” The state bears the burden of proving an intelligent and knowing waiver of rights has occurred. 1982Miranda v. Arizona, (1966) 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 ; Pirtle v. State, (1975) 263 Ind. 16 , 323 N.E.2d 634 .” The state bears the burden of proving an intelligent and knowing waiver of rights has occurred. | 3 | 1976–1982 |
Pirtle v. State
green
2 sentences1982Miranda v. Arizona, (1966) 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 ; Pirtle v. State, (1975) 263 Ind. 16 , 323 N.E.2d 634 .” The state bears the burden of proving an intelligent and knowing waiver of rights has occurred. 1982Miranda v. Arizona, (1966) 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 ; Pirtle v. State, (1975) 263 Ind. 16 , 323 N.E.2d 634 .” The state bears the burden of proving an intelligent and knowing waiver of rights has occurred. | 3 | 1976–1982 |
California v. Beheler
green
2 sentences1986California v. Beheler (1983), 463 U.S. 1121 , 103 S.Ct. 3517 , 77 L.BEd.2d 1275. 1986California v. Beheler (1983), 463 U.S. 1121 , 103 S.Ct. 3517 , 77 L.BEd.2d 1275. | 1 | 1986–1986 |
Ortiz v. State
green
2 sentences1982That well-settled standard was enunciated by this Court in Ortiz v. State, (1976) 265 Ind. 549, 553 , 356 N.E.2d 1188 , 1191: “A statement made under circumstances requiring the giving of Miranda warnings is not admissible unless such warnings are given and a knowing and intelligent waiver of the rights involved is made. 1982That well-settled standard was enunciated by this Court in Ortiz v. State, (1976) 265 Ind. 549, 553 , 356 N.E.2d 1188 , 1191: “A statement made under circumstances requiring the giving of Miranda warnings is not admissible unless such warnings are given and a knowing and intelligent waiver of the rights involved is made. | 1 | 1982–1982 |
Boyd v. United States
red
2 sentences1979We take occasion to quote the Court at length: *465 Although, almost 90 years ago, the Court observed that the Fifth Amendment is in ‘intimate relation’ with the Fourth, Boyd v. United States, 116 U.S. 616, 633 , 6 S.Ct. 524, 533 , 29 L.Ed. 746 (1886), the Miranda warnings thus far have not been regarded as a means either of remedying or deterring violations of Fourth Amendment rights. 1979We take occasion to quote the Court at length: *465 Although, almost 90 years ago, the Court observed that the Fifth Amendment is in ‘intimate relation’ with the Fourth, Boyd v. United States, 116 U.S. 616, 633 , 6 S.Ct. 524, 533 , 29 L.Ed. 746 (1886), the Miranda warnings thus far have not been regarded as a means either of remedying or deterring violations of Fourth Amendment rights. | 1 | 1979–1979 |
Blatz v. State
green
1 sentence1979See IC 35-5-5-2; Blatz v. State, (1977) Ind.App., 369 N.E.2d 1086 . 2 . | 1 | 1979–1979 |
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.