Cors
United States v. Cors
Opinion
Lead Opinion
MEMORANDUM **
Joshua Cors appeals the district court’s denial of his motion to suppress his statement to police officers concerning the location of a firearm underneath his mattress and his motion to suppress the firearm itself. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s denial of both suppression motions.
An officer’s obligation to give a suspect Miranda 1 warnings before interrogation extends only to those instances where the individual is “in custody.” See United States v. Kim, 292 F.3d 969, 973 (9th Cir. 2002). To determine whether an individual is in custody, a court decides, after examining all of the circumstances surrounding the interrogation, “whether there [was] a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.” Id. (internal quotation marks omitted). Applying the five-factor Kim test, see id. at 974 , we hold that the district court correctly found that Cors was not in custody and that the officers were therefore not required to give him his Miranda warnings. Thus, the district court properly declined to exclude Cors’ statement regarding the whereabouts of the gun.