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· 4/13/2010

United States v. Luna-Encinas

Citations

  • 603 F.3d 876
  • 2010 U.S. App. LEXIS 7560
  • 2010 WL 1441105

How courts have described this case

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

  • concluding that the defendant was not in custody in part because the officers “expressly stated at the outset that [the defendant] was not a suspect”
  • holding brandishing of weapons and brief control of the petitioner during the search was insufficient to constitute custody under Miranda
  • concluding defendant was not in custody despite officers first encountering him with their guns drawn in a protective posture when entering the property
  • explaining that a court must consider whether the police encounter involved a “highly intrusive coercive atmosphere that may require warnings even before a formal arrest is made”
  • no custody where defendant told to sit down outside while house was secured and later was taken to front of house and told to sit and not speak
  • “[W]e are much less likely to find the circumstances custodial when the interrogation occurs in familiar or at least neutral surroundings, such as the suspect’s home.” (quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Black, Marcus, Higginbotham

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.