United States v. Horst

DECISION

HODGSON, Chief Judge:

The admissibility of the accused’s pretrial statement is the sole issue before us. Citing Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979), appellate defense counsel argue that the trial judge erred in not suppressing a statement the accused gave to the Office of Special Investigations (OSI). Specifically, they contend that the accused’s confession was the result of a custodial interrogation based upon an insufficient showing of probable cause to “seize” the accused for questioning.

I

We must first consider the applicability of the Dunaway…