United States Tenth Circuit

In a prosecution for drug- and firearm-related offenses, an order suppressing incriminating statements made by defendant is affirmed where a reasonable person in defendant's position would have considered her freedom of movement to be restricted to a degree consistent with formal arrest, and thus she was in custody for Fifth Amendment purposes and should have been advised of her Miranda rights.

Appellate Information

• Decided 12/20/2007
• Published 12/21/2007

Judges

• LUCERO, Circuit Judge., Before LUCERO, BALDOCK, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Richard A. Friedman, Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C. (David E. O'Meilia, United States Attorney;  Janet S. Reincke, Assistant United States Attorney, Tulsa, OK, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• J. Lance Hopkins, CJA Panel Member, Tahlequah, OK, for Defendant-Appellee.