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Criminal Procedure — Miranda warnings — custody

By: WISCONSIN LAW JOURNAL STAFF//April 26, 2012//

Criminal Procedure — Miranda warnings — custody

By: WISCONSIN LAW JOURNAL STAFF//April 26, 2012//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — Miranda warnings — custody

The State appeals the circuit court’s order granting a suppression motion. The State contends that the circuit court erred when it concluded that Jose Gutierrez-Hernandez was in custody for purposes of Miranda. This erroneous conclusion, the State argues, led to the erroneous suppression of statements police obtained from Gutierrez-Hernandez and subsequently obtained physical evidence. We conclude that, under the totality of the circumstances, Gutierrez-Hernandez was not in custody when the statements and evidence were obtained. Accordingly, we reverse. This opinion will not be published.

2011AP1299-CR State v. Gutierrez-Hernandez

Dist IV, Dane County, McNamara, J., Per Curiam

Attorneys: For Appellant: Kaiser, Robert J., Jr., Madison; Larson, Sarah K., Madison; For Respondent: Goldman, Lisa, Middleton

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