United States v. Kirk Clymer

MEMORANDUM

Kirk Clymer appeals the district court’s denial of his motion to suppress incriminating statements made during the execution of a search warrant at his residence. Clymer argues that the statements at issue were made during a custodial interrogation and, therefore, he was constitutionally entitled to receive warnings pursuant to Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Clymer also appeals the district court’s denial of his motion to suppress evidence obtained from four computers seized from his residence. Clymer claims that this evidence must be suppressed because officers faked to comply with the protocols outlined in the search warrant. We have jurisdiction under 28 U.S.C. § 1291 , and while we affirm the district court’s denial of Clymer’s motion to suppress the seized evidence, we reverse the district court’s denial of Clymer’s motion to suppress his incriminating statements, and remand for further proceedings consistent with this disposition.

Having considered the totality of the circumstances, we conclude that Clymer was subjected to a custodial interrogation. In the absence of Miranda warnings, any statements made during a…