Commonwealth v. Bermudez

This is the Commonwealth’s interlocutory appeal from an order allowing a motion to suppress statements that the defendant, Jose A. Bermudez, then seventeen years old, made to *47the police during a recorded interview at the Holyoke police station. A Superior Court judge ruled that (1) the interview amounted to custodial interrogation, necessitating a waiver of Miranda rights, and (2) the defendant’s waiver of his Miranda rights was not knowing, intelligent, and voluntary. We reverse, as the judge erred in ruling the interview was custodial.

1. Background. Charged with multiple firearm offenses…