Home -> Law Blog Directory -> Criminal Law Blogs -> Defense Newsletter Blog

Criminal Law

: Defense Newsletter Blog

Lena-Encinas: No Miranda Custody When Seized In Frontyard

By Tim Cone

In U.S. v. Lena-Encinas, No. 08-12574 (April 13, 2010), the Court held that a defendant was not ?in custody? for Miranda purposes, and affirmed the denial of a motion to suppress unMirandized statements he made to police.The Court noted that merely being ?seized? does not suffice to establish custody: the person must feel not free to leave ?to a degree associated with a formal arrest.?Lena-Encinas was encountered by police in the backyard of a townhouse. Police had their weapons out of their holsters, pointing downward. Police instructed Lena-Encinas to sit down while the townhouse was being secured, and stated that he was not a suspect. During the next ten minutes, Lena-Encinas was escorted to the front of the townhouse, and told not to speak...continue to full post

Full post as published by Defense Newsletter Blog on April 14, 2010 (boomark / email).