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Terry Stop Evolving into Custodial Interrogation

Miranda involves two parts: the person must be in custody and subject to custodial interrogation. In a recent SC Court of Appeals case, State v. Walker, the court analyzed whether a statement given by the defendant, without Miranda warnings, should have been allowed in.

What is custodial interrogation?

The critical question is: has the stop evolved into a custodial interrogation for Miranda purposes:

Custody is based on an objective perspective, not subjective:

***This is not legal advice***


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