United States v. Insook Kim, AKA in Sook Kim

BERZON, Circuit Judge.

The United States appeals the district court’s order granting defendant-appellee Insook Kim’s (“Kim”) motion to suppress incriminating statements that she made during the execution of a search warrant at her store. The district court found that she was “in custody” for Miranda purposes, and therefore entitled to the familiar warnings before questioning began. The government appeals, contending that Kim was not in custody and therefore not entitled to the warnings. We affirm.

I

Investigators obtained evidence that Kim’s store, the “LiT Brick Deli,” was selling large…