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Appling v State – A12A2137 – 4 Officers not Custody for Miranda during DUI stop

In Appling v. State, A12A2137, March 14, 2013, the Georgia Court of Appeals held that when Officers do not tell you that you are drunk, they intend to arrest you, put you in a police cruiser, handcuff you, wait in a specific location for a more experienced officer then you are not in custody for purposes of Miranda warnings even if your freedom of movement is restricted and there are four officers on the scene.  The test is whether an ordinary reasonable person would believe the detention to be more than temporary.  The Court of Appeals held that because the issue of custody for purposes of Miranda is a mixed question of law, the Hall County Trial Court’s determination will not be disturbed unless it is erroneous. The Trial Judge of the State Court of Hall County in Gainesville Georgia was affirmed and the DUI jury verdict stands.

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