State Prisoner Not in Custody for Miranda Purposes – Howes v. Fields

[02/21/12 - 9:39 pm] In this morning’s United States Supreme Court opinion in Howes v. Fields, the Justices ruled that a state prisoner who was questioned at the prison by the police about crimes he committed before entering the institution was not in custody for Miranda purposes. The reasoning of the Court is spelled out… Read More

Muni-mail: Local Inspectors Needed Search Warrant

In yesterday’s Appellate Division decision in State v. Heine, the Court ruled that a when a property owner refuses to permit access to a residence for inspection by local officials, the proper remedy is for the municipal inspectors to secure an administrative search warrant. The mere act of refusing access does not constitute a violation… Read More

Muni-mail – “My Decision is final and you can’t appeal!” – O’Boyle v. DEC

[08/14/11 – 5:43 pm] On Friday, the Appellate Division ruled that the decision of the secretary of a local District Ethics Committee (DEC) as to whether to docket an inquiry from a member of the public is exclusive and not subject to review or type of appellate review. In O’Boyle v. District I Ethics Committee,… Read More