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· 6/9/2005

Dixon v. Com.

Citations

  • 613 S.E.2d 398
  • 270 Va. 34
  • 2005 Va. LEXIS 54

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that defendant was in custody because he was handcuffed and placed in a locked police car
  • explaining that, before a suspect in police custody may be questioned, the Miranda warnings must be given, and a suspect's statements obtained \in violation of this rule generally will be subject to exclusion for most proof purposes in a criminal trial\
  • determining that a suspect handcuffed and locked in a police car was in custody for Miranda purposes; however, explaining that “the presence of either of th[o]se factors, in the -6- absence of the other, may not result in a curtailment of freedom ordinarily associated with a formal arrest”
  • appellant’s assignment of error claimed that “[t]he trial court erred and abused its discretion by not suppressing statement of defendant.”
  • appellant’s assignment of error claimed that “[t]he trial court erred and abused its discretion by not suppressing statement of defendant.”
  • “[W]hether a suspect is ‘in custody’ requires an objective focus, [and] the only relevant inquiry is how a reasonable person in the suspect’s situation would have understood his circumstances.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Keenan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.