· 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 CourtListenerSourced 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.