United States Tenth Circuit

The district court's suppression of weapons and statements as fruits of a custodial interrogation obtained in violation of Miranda is reversed where defendant was not in custody for Miranda purposes.

Appellate Information

• Decided 12/20/2004
• Published 12/20/2004

Judges

• MURPHY, Circuit Judge., Before SEYMOUR, MURPHY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Diana Hagen, Assistant United States Attorney, District of Utah (Paul M. Warner, United States Attorney, District of Utah, Wayne T. Dance, Assistant United States Attorney, Chief, Appellate Section, on the brief), Salt Lake City, UT, for Plaintiff-Appellant.


• For Appellees:
  
• Michael J. Boyle, Boyle & Drage, Ogden, UT, for Defendant-Appellee.