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"Custody" Doesn't Turn on Interogator's Assurance That Defendant Is Not In Custody

By Jonathan Byrne

US v. Colonna: Colonna was convicted by a jury of two counts related to child pornography. The investigation of Colonna began with an FBI agent infiltrating an online file-sharing service dedicated to child porn, which led to the execution of a search warrant at Colonna's home (where he lived with his parents and sister). It took 23 agents to execute the warrant on this vicious criminal. While the search was ongoing, Colonna was interviewed by two of the agents and made inculpatory statements. At no time was he provided Miranda warnings. Colonna moved to suppress his statements, at which time the district court found:that Colonna was awakened by armed agents and guarded by agents until the search and interview concluded. The home was inundated with approximately 24 officers who gave Colonna and his family members instructions; that is, they told them where to sit and restricted their access to the home...continue to full post

Full post as published by Fourth Circuit Blog on December 21, 2007 (boomark / email).