United States v. Ned Emerson Lee

Appellee Ned Emerson Lee (“Lee”) was indicted for the first degree murder of his wife in violation of 18 U.S.C. §§ 1153 and 1111. He filed a motion to suppress certain statements made to officers and various items of physical evidence, and the district court granted the motion in all respects. The government appeals the granting of the motion. We affirm in part and reverse in part.

I.

FACTS

On December 16, 1981 FBI Agent Mcllwaine and BIA Agent Goldtooth arrived at Lee’s house to investigate the murder of Lee’s wife. Lee told the officers that his wife had been killed while he was away from home, but during the course of the police investigation certain facts were uncovered which conflicted with his story. The agents asked Lee if he would agree to be interviewed in the FBI car which was parked in front of the house. When he entered the vehicle with the two agents he was told he was free to leave the car or terminate the interview at any time, but at no time was he advised of his Miranda rights, even though Mcllwaine admitted that at all times while on the road he carries with him a standard waiver of rights form. The interview lasted for at least an hour, and perhaps for as…