State of New Hampshire v. Timothy McKenna

Contrary to the majority, I do not regard this as “a close case.” In my view, based on the facts and the law, the defendant clearly was not in custody at any time until the officers placed him under arrest at the end of the interview. As the discussion below demonstrates, the majority does not cite, nor has my research revealed, any case in which an appellate court has overturned a trial court finding that an interrogation was not custodial in factual circumstances that are in any way reasonably analogous to those presented here.

Under well-settled law, although we review de novo a trial…