United States Ninth Circuit

In a case addressing the question of under what circumstances under the Fifth Amendment does an interrogation by law enforcement officers in a suspect's own home turn the home into such a police-dominated atmosphere that the interrogation becomes custodial in nature and requires Miranda warnings, the court identifies four relevant factors: 1) the number of law enforcement personnel and whether they were armed; 2) whether the suspect was at any point restrained, either by physical force or by threats; 3) whether the suspect was isolated from others; and 4) whether the suspect was informed that he was free to leave or terminate the interview, and the context in which any such statements were made.

Appellate Information

• Argued 02/12/2008
• Decided 08/21/2008
• Published 08/21/2008

Judges

• BYBEE, Circuit Judge:, Before:  SIDNEY R. THOMAS and JAY S. BYBEE, Circuit Judges, and FREDERIC BLOCK, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Celeste Corlett, Assistant United States Attorney, United States Attorney for the District of Arizona, Tucson, AZ, for plaintiffs-appellee., Steven D. West, Tucson, AZ, for the defendant-appellant.