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State of Nebraska v. Millard W. Landis

February 18, 2011

STATE OF NEBRASKA, APPELLEE,
v.
MILLARD W. LANDIS, APPELLANT.



petition for further review from the Court of Appeals, irWiN, SieverS, and cArlSoN, Judges, on appeal thereto from the District Court for Lancaster County, SteveN d. burNS, Judge.

N.W.2d

1. Motions to Suppress: Confessions:

Constitutional Law:

Appeal and Error. In reviewing a motion to suppress a confession based on the claimed involuntariness of the statement, an appellate court applies a two-part standard of review. With reg rd to historical facts, an appellate court reviews the trial court's findings for clear error. Whether those facts suffice to meet the constitutional standards, how-ever, is a question of law, which an appellate court reviews independently of the trial court's determination.

2. Confessions.

It is a mixed question of law and fact whether a statement was voluntarily made and whether a custodial interrogation has occurred.

3. Miranda Rights.

The safeguards provided by Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966), come into play whenever a person in custody is subjected to either express questioning or its functional equivalent.

4. Miranda Rights:

Arrests: Words and Phrases. A person is in custody for purposes of Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966), when there is a formal arrest or a restraint on one's freedom of movement to the degree associated with such an arrest.

5. Miranda Rights:

Investigative Stops. persons temporarily detained pursuant to an investigatory traffic stop are not "in custody" for purposesof Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966).

6. Miranda Rights:

Police Officers and Sheriffs: Investigative Stops. When a person is detained pursuant to a traffic stop, there must be some further action or treatment by the police to render the driver in custody and entitled to Miranda warnings.

7. Miranda Rights:

Arrests. It is where a suspect is detained only to an extent analogous to an arrest that Miranda warnings are required.

8. Confessions:

Police Officers and Sheriffs: Due Process. Coercive police activ-ity is a necessary predicate to the finding that a confession is not voluntary within the meaning of ...


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