Although the Government portrays the questioning itself as a polite conversation without threats and with guns put away, the events that immediately preceded the questioning and the particular questions themselves cannot so easily be dismissed. There is no doubt that the interrogation of Ms. Garcia took place in a highly charged atmosphere. Because the officers were in full control of the questioning environment, custody is more easily found here.As a result, the District Judge Lungstrum suppressed the statements pursuant to Miranda. Thanks to Chuck Cavanee for updating me on the attorney of record in this case.
Friday, April 27, 2007
R. Bruce Kips won a motion to suppress statements in U.S. v. Garcia, No. 06-20160-04-JWL (D. Kan. March 28, 2007). The main issue was whether Ms. Garcia was in custody: