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Articles Posted in Fifth Amendment

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Miranda Violations Lead to New Trial in DUI Murder Case

When a suspect is in the custody of a law enforcement officer, the officer must provide Miranda warnings before questioning the suspect.  If the officer does not give sufficient warnings, the suspect’s statements made in response to questioning cannot be used at trial.  In a recent DUI Murder case in…

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The Reasonable Person And Miranda Warnings In Ohio OVI Cases

The reasonable person. Courts make many decisions using the test of what ‘a reasonable person’ would do/think/feel under certain circumstances. Older cases used the ‘reasonable man’ standard, but newer cased have modernized the test with gender neutrality. In the recent case of Cleveland v. Oles, the Ohio Supreme Court concluded…

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