LEO Radio

LEO Radio


LEO Radio #20: Did the police violate the defendant's Miranda Rights by continuing questioning?

September 22, 2023

In State v. McClean, Docket No. A-0520-19 (N.J. Super. Ct. App. Div. Sept. 18, 2023), the New Jersey Appellate Division addressed issues related to Miranda rights. The case involved defendant Carlos McClean, who appealed his conviction on the grounds that his Miranda rights were violated during police interrogation. During the interview, the suspect requests an attorney. The investigators tell him they will stop the interview and start discussing administrative items they will now do. The defendant changes his mind during that time and talks to them. Is this a violation of Miranda? The court examined whether McClean's statements to law enforcement were obtained in compliance with Miranda requirements and ultimately upheld the trial court's decision, finding no violation of his rights.