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Panel questions whether officer’s statements to bystanders were likely to elicit a response from suspect
Summary
The appeals panel considered whether officers’ statements made to bystanders after an officer-involved shooting were the kind of comments reasonably likely to elicit an incriminating response from the defendant — a Miranda-byproduct issue argued by defense counsel and contested by the state.
A Tennessee appeals panel heard argument over whether statements made by an officer to bystanders after an officer-involved shooting were an interrogation for Miranda purposes because they were reasonably likely to elicit an incriminating response from the defendant.
Defense counsel argued that comments such as "he pulled the **** gun on me" and related statements could be byproduct interrogation and therefore required Miranda protections if they were reasonably likely to draw a response from the defendant. The defense pressed…
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