By: dmc-admin//December 3, 2001//
Although told to sit on the couch, this was not a situation where a reasonable person would have considered her freedom of movement to be restrained to the degree associated with a formal arrest.
And, even though defendant was handcuffed following questioning, that cannot operate retroactively to create custody for purposes of Miranda because a reasonable person’s perception at the time of questioning cannot be affected by later police activity.
Reversed and remanded.
Recommended for publication in the official reports.
DISSENTING OPINION: Hoover, J. “I conclude that reasonable people in Goetz’s position would have believed they were in custody.
I therefore would affirm.”
Dist III, Oconto County, Jeske, J., Peterson, J.
Attorneys:
For Appellant: David J. Becker, Madison; Jay N. Conley, Oconto
For Respondent: Nila J. Robinson, Appleton