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Article: Missouri Supreme Court hopes to clear up Miranda confusion
- Article from:
- Missouri Lawyers Media
- Article date:
- April 10, 2009
- Author:
CopyrightCopyright 2009 Missouri Lawyers Media. Provided by ProQuest LLC. (Hide copyright information)
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The Missouri Supreme Court considered last week whether to
dismiss a Newton County man's drunken driving conviction because the
arresting officer did not provide a Miranda warning after placing
him in handcuffs.
In September 2006, a member of the Missouri State Highway Patrol
arrived at the scene of a rollover accident. A man at the scene of
the accident, Terrell Gaw, told the officer that he owned the truck
but added somebody else was responsible for the crash. Sensing that
he might be under the influence of alcohol or drugs, the officer
asked for Gaw's marijuana. Gaw handed over a small bag of the drug,
a move that prompted the officer to place him in handcuffs.
Gaw was given a breath test ...