United States v. Howard C. Phelps

GOLDBERG, Circuit Judge:

This is an appeal from an order of the court below suppressing certain statements made by the defendant during police questioning. The government appeals, 1 claiming that the statements should have been admitted into evidence because (1) the defendant was not “in custody” at the time the statements were made and thus had no right to the protections afforded by Miranda v. Arizona, 1966, 384 U.S. 436, 86 S.Ct. 1602, 16 L. Ed.2d 694, and (2) even if the custodial interrogation provisions of Miranda did apply, the defendant was properly warned of his rights and voluntarily…