Commonwealth v. Burbine

The Commonwealth appeals from a District Court judge’s allowance of the defendant’s motion to suppress statements. The defendant was charged with various weapons violations, including unlawful possession and carrying of a handgun, two forms of ammunition, a stun-gun, and a double-edged knife, and defacing the serial number of a handgun. The Commonwealth contends that the judge erroneously decided that the defendant *149was in custody for Miranda purposes by relying upon the officer’s subjective, unexpressed intent to arrest the defendant. Miranda v. Arizona, 384 U.S. 436, 444 (1966). The…