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Article: Officer wins Miranda rights court battle in Missouri Supreme Court
- Article from:
- Missouri Lawyers Media
- Article date:
- May 29, 2009
- Author:
CopyrightCopyright 2009 Missouri Lawyers Media. Provided by ProQuest LLC. (Hide copyright information)
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The Missouri Supreme Court upheld the drunken-driving conviction
of a Newton County man who alleged officers had deprived him of his
Miranda rights.
A Missouri State Highway Patrol officer in September 2006 arrived
at the scene of a rollover accident. A man at the scene, Terrell
Gaw, told the officer he owned the truck but claimed somebody else
was responsible for the crash.
Sensing that Gaw may be under the influence of alcohol or drugs,
the officer asked Gaw to hand over the marijuana. Gaw gave the
officer a small baggie of the drug, a move that prompted the officer
to handcuff him.
Gaw was given a breathalyzer test, which revealed a high degree
of alcohol, after he was handcuffed. He ...