Skip to main content

Hightower v. State

Citations

  • 526 S.E.2d 836
  • 272 Ga. 42
  • 2000 Fulton County D. Rep. 433
  • 2000 Ga. LEXIS 69

How courts have described this case

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

  • finding that a defendant was not in custody where he voluntarily submitted to an interview at a police station, cooperated fully in answering questions, was not restrained, and presented no evidence that officers had placed any limits on his freedom to leave or to terminate questioning
  • finding that a defendant was not in custody where he 10 voluntarily submitted to an interview at a police station, cooperated fully in answering questions, was not restrained, and presented no evidence that officers had placed any limits on his freedom to leave or to terminate questioning
  • no custodial situation exists where “a reasonable person in [the accused’s] position would have concluded that he was not under formal arrest and that his freedom was not restrained to the extent associated therewith”
  • subjective intent of officer during questioning generally irrelevant for Fourth Amendment purposes
  • subjective intent of officer during questioning generally irrelevant for Fourth Amendment purposes
  • in determining whether a custodial situation exists, the “only relevant inquiry is how a reasonable [person] in the suspect’s position would have understood his situation” (quoting Berkemer v. McCarty, 468 U.S. 420, 442 (104 SCt 3138, 82 LE2d 317) (1984))

Source: CourtListener parenthetical corpus (CC0).

Judges: Carley

Read full opinion on CourtListener

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

Cites

9 cases in this archive are cited by this case.

Other cases with this name

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.