State v. Brown

Irwin, Chief Judge.

I. INTRODUCTION

Terry A. Brown appeals from an order of the district court which affirmed Brown’s county court convictions on charges of driving under the influence (DUI) and having an “open container.” Brown asserts on appeal that the lower courts erred in not finding that statements he made to law enforcement should have been suppressed because he was not advised of his Miranda rights. Because we find that Brown was not in custody for purposes of Miranda when the statements were made, we affirm.

II. BACKGROUND

On December 9, 2002, Officer Craig Shook of the Seward Police…