Miranda Warnings – Custody

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7^th Circuit Court of Appeals

Case Name: United States of America v. Cameron Patterson

Case No.: 15-3022

Officials: BAUER, POSNER, and FLAUM, Circuit Judges.

Focus: Miranda Warnings – Custody

Appellant not in custody for purposes of Miranda prior to being questioned.

“In determining whether a reasonable person in the suspect’s shoes would have felt free to leave, we consider “all of the circumstances surrounding the interrogation.” Howes v. Fields, – U.S. –, 132 S. Ct. 1181, 1189 (2012) (citation omitted, internal quotation marks omitted). Factors relevant to the totality of the circumstances analysis include: (1) the location of the interrogation; (2) the duration of the interrogation; (3) any statements made by the suspect during the interrogation; (4) any use of physical restraints during the interrogation; and (5) whether the suspect was released at the end of the interrogation. Howes, 132 S. Ct. at 1189 (cataloging cases; citations omitted). We have provided a non-exhaustive list of example factors, which includes: “whether the encounter occurred in a public place; whether the suspect consented to speak with the officers; whether the officers informed the individual that he was not under arrest and was free to leave; whether the individual was moved to another area; whether there was a threatening presence of several officers and a display of weapons or physical force; and whether the officers’ tone of voice was such that their requests were likely to be obeyed.” United States v. Littledale, 652 F.3d 698, 701 (7th Cir. 2011), citing United States v. Snodgrass, 635 F.3d 324, 327 (7th Cir. 2011). See also, United States v. Wyatt, 179 F.3d 532, 535 (7th Cir. 1999), citing United States v. Yusuff, 96 F.3d 982, 985–86 (7th Cir. 1996).”

Affirmed

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