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Criminal Law keyed to Dripps
United States v. Beard
Citation:
119 Fed.Appx. 462.Facts
On April 26, 2003, Richmond, Va. police received a report of a domestic disturbance. An Officer Provost and Officer Degrauwe responded to the report. Officer Provost interviewed Beard’s mother, sister and brother while Officer Degrauwe spoke with Beard. Officer Provost learned that Beard had threatened his sister with a sawed-off shotgun and Officer Provost retrieved the shotgun from a van. Officer Provost then went into the house to speak with Beard. He found Officer Degrauwe and Beard, who was ironing clothes, in Beard’s bedroom. Officer Provost signaled to Officer Degrauwe that they were going to end up handcuffing Beard, but there was no evidence Beard saw or understood the signal. Officer Provost advised Beard of his Miranda rights (although what Provost said exactly was unclear) and then questioned Beard about the shotgun. Beard confessed that he was a convicted felon, the gun was for home protection, and he had accidently pointed it at his sister. Beard was then handcuffed and taken to the police station where he refused to cooperate further.
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