Fifth Amendment

United States v. Nahkai: Miranda Custody and Voluntary Interviews Outside the Home

The Tenth Circuit recently released their decision for United States v. Nahkai, which examines when someone is in custody for Miranda. The Tenth Circuit held that Andy Nahkai was not in custody for purposes of Miranda during his interview with investigators in an unlocked vehicle outside his home. The court concluded that the setting, lack of physical restraint, and overall circumstances would not have

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Pena v. City of Los Angeles: Ninth Circuit Clarifies Takings Clause Limits in Police Operations

The United States Court of Appeals for the Ninth Circuit recently released an opinion in Pena v. City of Los Angeles. This case reached the court after an exercise of police power led to private property damage, raising the question of whether it could trigger compensation under the Takings Clause. Carlos Pena owned and operated a print shop in Los Angeles that he used for

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Confession or Coercion? Constitutional Clarity in United States v. Maytubby

The United States Court of Appeals for the Tenth Circuit recently decided United States v. Maytubby, a case that evaluates whether a confession obtained during a police interview was voluntary under the Fifth Amendment, highlighting an example of how courts assess officer conduct and potential coercion during non-custodial interviews. In December 2020, Lance Maytubby was questioned at a police station following allegations of sexual

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