Posts Tagged ‘custody’

Char-Meck Detectives Investigating a Home Invasion-Robbery & Homicide

August 25, 2009

Saturday, August 22, 2009

From crimeincharlotte.com

The Charlotte-Mecklenburg Police Department is investigating a home invasion/robbery which resulted in a homicide. The victim has been identified as 15-year old, Marcus Antonio Steven Fluker.

At 12:41 p.m., North Tryon Division officers responded to a home invasion robbery where four suspects broke into a home at 7619 Grier Road.

An elderly couple was inside the residence when the suspects broke in, tied up the male victim and then proceeded to ransack the house. At least one of the suspects was armed with a handgun.

After the suspects fled the scene on foot, the male victim freed himself, had his wife call 911 and then went to look for the suspects.

A few minutes later and a short distance away, the male home invasion victim encountered the suspects on Ginger Lane. The victim fired a handgun at one of the suspects, striking Mr. Fluker at least once.

At 12:44 p.m., CMPD telecommunications received a call in reference to the shooting which took place on Ginger Lane. When officers arrived on scene, they located Mr. Fluker lying on the ground suffering from an apparent gunshot wound. The Charlotte Fire Department and Medic arrived on scene, treated Mr. Fluker and transported him to CMC where he was pronounced deceased shortly after arrival.

Officers detained the victim of the home invasion robbery shortly after the shooting and transported him to police headquarters. The individual responsible for the shooting on Ginger Lane is the victim from the home invasion robbery.

Detectives with the Homicide Unit, ADW Unit, Robbery Unit, Gang and Firearm Enforcement Unit and officers with the North Tryon Division conducted a neighborhood canvass. Crime Scene Search was on scene as well collecting physical evidence and photographing the scene.

Homicide Detectives are working closely with the Mecklenburg County District Attorney’s Office to determine if any charges will be filed against the victim of the robbery who shot Mr. Fluker.

Three suspects are in custody in connection to the home invasion robbery. Their names and charges are as follows:

** Joseph Graves– Charged with 2nd Degree Burglary, Robbery with a Dangerous Weapon & Conspiracy to Commit Robbery
** Matthew Everett Morgan– Charged with 2nd Degree Burglary, Robbery with a Dangerous Weapon & Conspiracy to Commit Robbery
** Tahjaue Wiley- Charged with 2nd Degree Burglary, Robbery with a Dangerous Weapon & Conspiracy to Commit Robbery.

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Court to tackle clarity of Miranda warnings again

June 25, 2009
By MICHAEL J. SNIFFEN, Associated Press Writer Michael J. Sniffen, Associated Press Writer Mon Jun 22, 5:36 pm ET

WASHINGTON – “You have the right to remain silent.” Most people only hear those words while watching cop shows on TV. They usually zone out for the rest of the now familiar Miranda warning to people under arrest.

But in the real world, the Supreme Court is still listening to the words that follow. It agreed Monday to hear another case over just how explicit that phrasing must be.

In its landmark 1966 Miranda v. Arizona ruling, the high court set out to protect the constitutional right of people not to incriminate themselves once in custody. They dealt a blow to those officers who bullied or beat false confessions out of suspects. The justices said the police have to tell defendants they can have a lawyer represent them, even if they can’t afford one.

Since 1966, dozens of prosecutors and defendants have asked the court to clarify its ruling. The court has addressed many of those appeals and reaffirmed its basic ruling in 2000.

Along the way, the justices made clear they don’t insist that every police officer use precisely the same words, so long as the important details are clear, even to people with no legal training or little or no schooling.

Monday they agreed to examine what the Tampa, Fla., police told Kevin Dewayne Powell after his arrest on Aug. 10, 2004. Powell was convicted of possessing a firearm. As a convicted felon, he wasn’t allowed to have one. Powell told Tampa officer Salvatore Augeri he bought the weapon “off the street” for $150 for his protection.

But the Florida Supreme Court overturned the conviction on grounds the Tampa police didn’t adequately convey to Powell that he was allowed to have a lawyer with him during questioning.

Florida law enforcement, in the person of chief assistant attorney general Robert J. Krauss, asked the Supreme Court to decide the Tampa police gave Powell a clear enough Miranda warning. On behalf of Powell, Cynthia Dodge, an assistant public defender in Polk County, Fla., argued in a brief that the justices should let the Florida ruling stand because it conformed to previous Miranda rulings and also relied on Florida‘s own constitution.

Before he confessed to Augeri, Powell signed a statement that said he could remain silent and, if he did talk, what he said could be used against him in court. The statement added:

“You have the right to talk to a lawyer before answering any of our questions. If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning. You have the right to use any of these rights at any time you want during this interview.”

The Supreme Court’s original Miranda ruling said whatever words the police used they had to make clear that a suspect could “have the lawyer with him during interrogation.”

Florida’s highest court found the Tampa warning fell short of this essential element because Powell was “never unequivocally informed that he had the right to have an attorney present at all times” during the police interview and limited the narrower right “to talk to” counsel to the period “before answering any of our questions.” The Florida justices ruled that the last sentence of what Powell signed “did not supply the missing warning of the right to have counsel present during police questioning because a right that has never been expressed cannot be reiterated.”

Dodge said the warning to Powell implied that his right to counsel was limited to a conversation before the police began questioning.

For the state, Krauss argued that only “a strained, literalistic reading, inattentive to context” could conclude Powell could not have a lawyer present during questioning. “While the warning at issue may not be the most elegant formulation of Miranda warnings,” Krauss wrote, “the test is reasonable clarity, not elegance.”

Krauss said the Supreme Court should resolve differences between federal circuit courts of appeals on how explicit police must be that a lawyer can sit in on their interrogations.

The case is 08-1175, Florida v. Powell.

U.S. border police arrest Mexican troops

February 27, 2009
 

PHOENIX (Reuters) – U.S. border police arrested seven Mexican soldiers after they accidentally strayed over the international boundary into Arizona, authorities said.

The U.S. Border Patrol said agents encountered the troops in a Humvee a short distance north of the border near Yuma, in far west Arizona, early on Friday.

“The Border Patrol agents on scene established a dialogue with the subjects, who identified themselves as members of the Mexican military,” the Border Patrol said in a news release.

“The … agents informed them of their presence within the United States. Upon notification, the subjects were peaceably taken into custody,” it added.

The soldiers, who were assigned to the 23rd Regiment Motorized Cavalry of the Mexican Army, said they had become disoriented while on patrol and had accidentally crossed the international boundary, the Border Patrol said.

After relieving them of their arms, agents took the soldiers to the San Luis, Arizona, port of entry where they were processed and repatriated to Mexico, along with their weapons and vehicle.

The incursion was the second by Mexican troops in recent months.

In August, a group of four Mexican soldiers briefly held a U.S. Border Patrol agent at gunpoint in a remote stretch of the Arizona desert after they mistakenly strayed north across the border.

(Reporting by Tim Gaynor, editing by Eric Beech)