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Panel weighs Miranda and consent challenges after ShotSpotter alert and on-scene questioning
Summary
Defense argued the defendant was in custody when officers questioned a group after a ShotSpotter alert and that the question 'Who said that?' amounted to custodial interrogation; prosecutors said the statements were spontaneous and other evidence (fingerprints, location) supported the verdict and that later suppressed questioning was excluded appropriately.
The appeals panel considered whether a defendant’s on-scene statements should have been suppressed because the police conducted custodial interrogation without Miranda warnings, and whether subsequent consent and search issues were properly handled.
Edward Crane, representing Ruben Semido Braun, argued that three of the four "Graham" factors supported a finding of custody and that the officer’s question — "Who said that?" — directed to a group in a coercive environment constituted interrogation likely to elicit…
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