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208 Ga. App. 812

432 S.E.2d 211

93 FultonCountyD.Rep. 1835

Wilson v. State

Court of Appeals of Georgia

Decided May 6, 1993

Court of Appeals of Georgia · decided 1993-05-06

Cited by 4 later decisions — most recently October 1996

4 state decisions

Relies on Miranda v. State of Arizona Vignera · Berkemer v. McCarty · Oregon v. Mathiason

Good law ✅— No negative treatment on recordhow we know

Decided 1993-05-06

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Pope, Chief Judge,

¶1concurring specially.

¶2It is true, as noted in the dissenting opinion, that in determining whether a suspect was questioned in a custodial interrogation, so as to require that he be informed of his rights, the question is how a reasonable man in the suspect’s position would have understood his situation. See Berkemer v. McCarty, 468 U. S. 420 (104 SC 3138, 82 *814LE2d 317) (1984). It has been settled, however, that in a setting of the type involved in the case at hand, the suspect is not in custody or otherwise deprived of freedom so as to require a warning pursuant to Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966). “[W]e have explicitly recognized that Mirandawarnings aré not required ‘simply because the questioning takes place in the station house, or because the questioned person is one whom the police suspect.’ [Oregon v. Mathiason, 429 U. S. 492, 495 (97 SC 711, 50 LE2d 714) (1977).]” California v. Beheler, 463 U. S. 1121, 1125 (103 SC 3517, 77 LE2d 1275) (1983).

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