Page 177 - North Carolina 2020 Legal Guide
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Task: Sentenced Prisoner-May Not Need Warnings
Howes v. Fields, 132 S.Ct. 1181 (2012).
• There is no per se rule that a sentenced prisoner is in-custody for Miranda
purposes while serving his sentence. The jail or prison is his home.
• Part one of determining custody: Custody Factors that Court outlined in this
case:
– The location of the questioning,
– statements made during the interview,
– the presence or absence of physical restraints during the questioning,
– and the release of the interviewee at the end of the questioning,
• Part two of determining custody:
– Whether the relevant environment presents the same inherently
coercive pressures as the type of station house questioning at issue in
Miranda.
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