Nersesyan

*1138 AMENDED ORDER

Defendant Joe Nersesyan moves for suppression of the following statements he made to California Highway Patrol Officer (“CHP”) Kevin Ward during a traffic stop, which eventually included a vehicle towing inventory: “he had taken [two rifles officer Ward found during the vehicle towing inventory] to a firing range [for target shooting] on the day prior to the traffic stop.” (Def.’s Reply, ECF No. 34, 2:4-8.) Officer Ward found the two rifles in the trunk of the stopped vehicle. Nersesyan is charged in this federal action with one count of unlawful possession of a machinegun in violation of 18 U.S.C. § 922 (o).

Nersesyan argues these statements must be suppressed because they are the fruit of an “in custody” interrogation proscribed by the Supreme court in Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). (Def.’s Mot., ECF No. 35, at 13:1 12.) The government opposes suppression, arguing Nersesyan was neither in custody nor had been interrogated when he made the challenged statements. (Gov’t’s Opp’n, ECF No. 44.)

Nersesyan supports his motion with the CHP Arrest-Investigation Report prepared by officer Ward and the CHP dashboard video…