Friday, March 18, 2016

Suggestion Not Custodial Seizure

A suspect was not in police custody, and did not need to be Mirandized, just because officers suggested that it would be a good idea for him to come with them and to be honest.
 
Spencer v. United States, 2016 BL 63376, D.C., No. 13-CF-0085, 3/3/16

     The D.C. Court of Appeals determined that a reasonable person in the suspect's shoes would have felt free to leave regardless of the officers' statements, because he "was still permitted to use his cell phone, he was never handcuffed, and he was told multiple times that he was not under arrest."

     Just because officers told the suspect that he "needed" to come with them to the station and later said "if  you want to walk out of here, you got to be honest" does not mean that the suspect was in custody. Because he was not in custody he did not need to be read his Miranda rights. The police did not assert authority to get his compliance, rather, it seemed that the suspect's decision to go with his girlfriend to the station was "precipitated by his desire to support his girlfriend."

http://www.bloomberglaw.com/public/desktop/document/Spencer_v_United_States_No_13CF0085_2016_BL_63376_DC_Mar_03_2016_/1?1458312772

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