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J. D. B. v. North Carolina, 564 U.S. 261 (2011), was a case in which the Supreme Court of the United States held that age and mental status is relevant when determining police custody for Miranda purposes, overturning its prior ruling from seven years before.
Ultimately, Young instituted a federal habeas action. The court determined that the Community Protection Act was civil and, therefore, it could not violate the double jeopardy and ex post facto guarantees. On appeal, the Court of Appeals reasoned that the case turned on whether the Act was punitive "as applied" to Young. [5] 5th
Argument: Oral argument: Opinion announcement: Opinion announcement: Case history; Prior: Alvarado v. Hickman, 316 F.3d 841 (9th Cir. 2002); cert. granted, 539 U.S. 986 (2003).: Holding; A state court considered the proper factors and reached a reasonable conclusion that a minor was not in custody for Miranda purposes during his police interview, despite the fact that the state court did not ...
A woman has told a court a police officer took advantage of her when she was “drunk and vulnerable” and denied that he froze after she initiated sex.
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In England and Wales, an appropriate adult must be called by police whenever they detain or interview a child (under the age of 18 [2]) or vulnerable adult. They must be present for a range of police processes, including interviews, intimate searches and identification procedures, as detailed in the Police and Criminal Evidence Act 1984 (PACE ...