United States v. Colonna

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that informing a suspect that he was not under arrest was a factor in assessing the totality of the circumstances
• demonstrating that the criminal suspect in that case was subject to questioning while “in [an] FBI vehicle” with two armed FBI agents
• noting that officers awoke the defendant at gunpoint after kicking his bedroom door open, kept the defendant under guard, and kept his family away from him while interrogating him for three hours in a police vehicle
• finding that although the defendant was told that he “was not under arrest,” which weighed in favor of a conclusion of no custody, the defendant was in custody, in part because he “was never told that he was free to leave or that he did not have to respond to questions”
• finding that although the defendant was told that he “was not under arrest,” which weighed in favor of a conclusion of no custody, the defendant was in custody, in part because he “was never told that he was free to leave or that he did not have to respond to questions”
• “[T]he officer’s statement [that the suspect is not under arrest] was only one of several factors in our calculus of determining custody—not a dispositive factor[.]

Source: CourtListener parenthetical corpus (CC0).