United States v. Courtney

CARL E. STEWART, Circuit Judge:

The United States appeals from the district court’s grant of Cherie Marie Courtney’s motion to suppress statements she made to federal investigators. Relying on Missouri v. Seibert, 542 U.S. 600, 124 S.Ct. 2601, 159 L.Ed.2d 643 (2004), and Oregon v. Elstad, 470 U.S. 298, 105 S.Ct. 1285, 84 L.Ed.2d 222 (1985), Courtney asserted that the agents’ tactic of obtaining inculpatory statements was designed to bypass Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). For the following reasons, we reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

Cherie…