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United States v. Craighead,
No. 07-10135 (9th Cir., August 21, 2008): Interrogations/Fifth Amendment: The panel confronted this issue of first impression in the circuit: Under what circumstances under [sic] the Fifth Amendment does an interrogation by law enforcement officers in the suspect's home turn the home into such a police-dominated atmosphere that the interrogation becomes custodial in nature and requires Miranda warnings? HELD: Although the inquiry is fact-intensive, "we conclude that several factors are relevant to whether the circumstances of Craighead's interrogation effected a police dominated atmosphere: (1) the number of law enforcement personnel and whether they were armed; (2) whether the suspect was at any point restrained, either by physical force or by threats; (3) whether the suspect was isolated from others; and (4) whether the suspect was informed that he was free to leave or terminate the interview, and the context in which any such statements were made." In this case, the panel held that the atmosphere was police-dominated and REVERSED the denial of suppression of the statements.
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