Miranda Warnings – Motion to Suppress

By: Derek Hawkins//August 14, 2019//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Emma K. Seymour

Case No.: 2018AP734-CR

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.

Focus: Miranda Warnings – Motion to Suppress

Emma Seymour petitioned for leave to appeal a nonfinal order denying her motion for reconsideration of an order denying earlier motions to suppress her unMirandized confessional statements to police and evidence seized in a search. The circuit court concluded that Seymour was not in custody when she voluntarily gave her statements; that she lacked standing to challenge the search; and that police entered the searched apartment with consent. We affirm because, whether Seymour had standing or not, we conclude that her statement was noncustodial.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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