Articles Posted in Burglary Charges

In a recent opinion from an Arizona court in a kidnapping case, the defendant’s original conviction was sustained. The defendant argued that even though he had committed burglary and aggravated assault on the day in question, his crimes did not fit within the definition of “kidnapping.” The court disagreed, denying his appeal and affirming his convictions and sentences based on the kidnapping crime.

Facts of the Case

According to the opinion, the defendant stole a variety of weapons from another man, supposedly to use as collateral for a debt he owed. A few days after stealing the weapons, the defendant went back to the apartment where the man lived and broke into his residence. He found the man and the man’s daughter, then proceeded to threaten them with a baseball bat and a sword.

The man’s daughter barricaded herself, along with her boyfriend, in her bedroom. The pair immediately called 911, reporting the burglary and asking police to come as soon as possible. Meanwhile, the defendant used the bat to break a hole in the door, trapping both individuals in the bedroom. When police officers arrived, they arrested the defendant and his accomplice as they tried to run away. They also found a dagger and several other weapons in the defendant’s car.

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Arizona Supreme Court rules suspect was not in custody for purposes of "Miranda"; Facts about Miranda Rights that Police will Likely Not Tell You.

This year marks the 50th anniversary of the landmark decision by the United States Supreme Court  Miranda v. Arizona, 1966.

Since that time, police have been required to read suspects their Miranda rights while in custody before they are interrogated.

The Miranda principle has faced many legal challenges, including when police are required to read the rights.

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