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What 'in custody' Really Means

By Melody Evans and Kirk Redmond

With the kvetching about the Speedy Trial Act case, don't overlook the good Miranda "in custody" case handed down today, US v. Revels, (which, incidentally, is from the same Northern Dist. of Oklahoma judge as the Speedy Trial case). The government appealed a suppression, and unsuccessfully argued that the 'custody' was really just an investigative detention during execution of a search warrant. The Circuit refused to conflate these Fifth and Fourth Amendment, respectively, concepts, and affirmed the suppression. Miranda was required when:[A] reasonable person in Revels? position would have perceived a police-dominated atmosphere. Relatively early in the morning, at approximately6:00 a.m., seven police officers abruptly roused Revels and Murphy from their bedroom after forcibly entering their home...continue to full post

Full post as published by Kansas Federal Defender on December 21, 2007 (boomark / email).