United States v. St. Germain

MEMORANDUM **

The government appeals the district court’s suppression of evidence in the federal prosecution of Trevor St. Germain, indicted for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). The district court concluded that St. Germain had been in custody when he made incriminating responses to a Fish and Wildlife officer’s questions, and suppressed those statements because the officers had not given him Miranda warnings. All other evidence obtained at the scene was also suppressed as products of the constitutional violation. We disagree, reverse, and remand.

We have jurisdiction over the government’s certified and timely interlocutory appeal pursuant to 18 U.S.C. § 3731 . ‘Whether a person is ‘in custody’ for purposes of Miranda is a mixed question of law and fact warranting de novo review.” United States v. Galindo-Gallegos, 255 F.3d 1154 , amending 244 F.3d 728 (9th Cir.2001). The factual findings underlying the district court’s custody decision are reviewed for clear error. United States v. Kim, 292 F.3d 969, 973 (9th Cir.2002) (I.Kim). “Whether an encounter between an individual and law enforcement authorities constitutes an investigatory…