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COM. v. TURNER

772 A.2d 970 (2001)

COMMONWEALTH of Pennsylvania, Appellee v. Zebue A. TURNER, Appellant.

Superior Court of Pennsylvania.

Filed March 9, 2001.

Attorney(s) appearing for the Case

Karl Turner, Public Defender, Philadelphia, for appellant.

Jennifer Slawek, Asst. Dist. Atty., Philadelphia, for the Com.

Before McEWEN, President Judge, DEL SOLE, KELLY, POPOVICH, JOHNSON, JOYCE, MUSMANNO, ORIE MELVIN, and LALLY-GREEN, JJ.

JOHNSON, J.:

¶ 1 In this appeal, we re-examine the meaning of "custodial interrogation" as it relates to an inebriated suspect being placed involuntarily in a police car and subsequently asked incriminating questions without being given Miranda warnings. We conclude that a suspect cannot be questioned under these circumstances without the benefit of having been given Miranda warnings and, therefore, any incriminating statements one makes under these...

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