No. 21-6368

Suzanne Elizabeth Wexler v. Texas

Lower Court: Texas
Docketed: 2021-11-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process fifth-amendment fourth-amendment investigative-detention miranda miranda-custody police-authority search-warrant terry-stop
Latest Conference: 2022-01-07
Question Presented (from Petition)

1. Whether Fourth Amendment reasonableness concerns have any bearing on a determination of custody under Miranda, specifically in regards to whether an individual is subjected to a restraint on their freedom of movement to a degree associated with a formal arrest?

2. Whether the Texas Court of Criminal Appeals improperly considered Fourth Amendment reasonableness concerns and failed to consider all of the objective circumstances of Ms. Wexler's questioning when it determined that she was not in custody for purposes of Miranda?

3. Whether Ms. Wexler was in custody for purposes of Miranda when she was ordered out of a residence by law enforcement who informed her that they had a search warrant, removed from that residence by SWAT-like officers, and placed into the back of a patrol car?

Question Presented (AI Summary)

Whether Fourth Amendment reasonableness concerns have any bearing on a determination of custody under Miranda

Docket Entries

2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-17
Waiver of right of respondent The State of Texas to respond filed.
2021-11-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2021)

Attorneys

Suzanne Wexler
Nicholas Matthew MenschHarris County Public Defender' s Office, Petitioner