Castillo
United States v. Castillo
Opinion
Lead Opinion
*892 MEMORANDUM **
Felix Hernandez-C astillo appeals from the district court’s denial of two motions to suppress statements allegedly made in violation of his rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Castillo first contends he was in custody when he admitted to police that he owned everything in the car he was driving. He made the admission shortly before police conducted a consensual search of the vehicle and discovered 15 kilos of cocaine in the trunk. Because he did not raise this Miranda claim before the district court, we review for plain error. See Fed.R.Crim.P. 52(b); United States v. Whitehead, 200 F.3d 634, 638 (9th Cir.2000).
The district court did not plainly err in determining that, under the totality of the circumstances, Castillo was not in custody during the initial portion of the encounter. See Berkemer v. McCarty, 468 U.S. 420, 436-42 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984); United States v. Galindo-Gallegos, 244 F.3d 728, 729-32 (9th Cir.2001). The detective did not use threatening language; the stop occurred in a truck stop parking lot; Castillo was not…