(Download) "North Carolina V. Braswell" by Supreme Court of North Carolina " eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina V. Braswell
- Author : Supreme Court of North Carolina
- Release Date : January 08, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Defendant argues that the trial court erred by admitting into evidence the revolver found in his house and the statements made by him in response to questions asked by Chief Deputy Oakley on the grounds that they were obtained in violation of his rights under the fifth and fourteenth amendments to the United States Constitution and article I, §§ 19 and 23 of the North Carolina Constitution. Defendant bases his argument on his contention that he was in custody once the officers entered his house and that they were required to inform him of his rights under the rule of Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694 (1966) before questioning him. After a careful review of the evidence we conclude that defendant was not in custody when the officers entered his house and hold that defendant's constitutional rights have not been violated.