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9th Circuit finds defendant in custody for Miranda while in his home

It appears that the Nevada Supreme Court will not issue any published opinions today. The Ninth Circuit Court of Appeals, however, issued an interesting opinion which could impact Nevada cases. In United States v. Craighead, the Circuit reversed a district court finding that the defendant's Fifth Amendment rights were not violated when he was interrogated without Miranda warnings based upon a finding that the interrogation in the defendant's home was not custodial. The Circuit finds that the interrogation was custodial, even though it took place in the defendant's own home, based on these facts: Eight law enforcement officers went to the house, all were armed, some of them unholstered their firearms in the defendant's presence during a search and the FBI agents wore flack jackets...continue to full post

Full post as published by Harmful Error on August 21, 2008 (boomark / email).