United States v. Gerald W. Swims Under

990 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant, v. Gerald W. Swims UNDER, Defendant-Appellee. No. 92-30128. United States Court of Appeals, Ninth Circuit. Submitted Feb. 5, 1993. * Decided April 8, 1993. Before TANG, KOZINSKI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Pursuant to 18 U.S.C. § 3731 , the United States brings this interlocutory appeal from the district court's order suppressing four statements of the defendant, Gerald W. Swims Under. We affirm in part, and vacate and remand in part. I. 3 On September 2, 1990 a fatal one-car accident occurred on the Blackfeet Indian Reservation in Montana. Officials believed Gerald Swims Under to be the driver of the car. Later in the day, authorities surrounded the house of Swims Under's mother, where he was staying. During the initial confrontation, police refused admittance to other household members. The custodial questioning of Swims Under, who…