United States Ninth Circuit

The grant of Defendant's motion to suppress evidence of his child pornography possession is reversed, where Defendant was not in custody for the purposes of Miranda when he made the incriminating statements, because his interview with the police was consensual and occurred in a familiar environment, and he was not pressured to remain.

Appellate Information

• Decided 03/25/2009
• Published 03/25/2009

Judges

• Before DIARMUID F. O'SCANNLAIN, RONALD M. GOULD, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Amber S. Rosen, Assistant United States Attorney, argued the cause for the plaintiff-appellant and filed the briefs;  Joseph P. Russoniello, United States Attorney, and Barbara J. Valliere, Chief, Appellate Section, were on the briefs.


• For Appellees:
  
• Stephen Shaiken, San Francisco, argued the cause for the defendant-appellee and filed a brief.