COM. v. MILNER

Record No. 1360-91-2.

413 S.E.2d 352 (1992)

COMMONWEALTH of Virginia v. Timothy E. MILNER.

Court of Appeals of Virginia.

January 24, 1992.


Attorney(s) appearing for the Case

Marla Lynn Graff, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellant.

John C. Jones, Richmond (Hydrick Law Offices, on brief), for appellee.

Present: BARROW, WILLIS and BRAY, JJ.


BARROW, Judge.

In this criminal appeal by the Commonwealth, we hold that an investigatory detention by a police officer on a public street for the purpose of holding a suspect for identification does not, without more, place the suspect in custody within the meaning of Miranda, even though the suspect is not free to leave and is searched for weapons.

A police officer stopped the defendant shortly after 7:30 a.m. on a public street approximately two...

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