Olea

United States v. Olea

Good Law
258 F. App'x 130
United States Court of Appeals for the Ninth CircuitDecember 6, 2007No. 07-30187California335 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Antonio Rafael Olea appeals from the district court’s denial of his mo *131 tion to suppress statements made in an interview with police officers on November 21, 2005, during which he did not receive a Miranda warning. We review for clear error the district court’s factual findings, United States v. Bynum, 362 F.3d 574, 578 (9th Cir.2004), and do not find any. We review de novo whether Defendant was constitutionally entitled to a Miranda warning, United States v. Crawford, 372 F.3d 1048, 1053 (9th Cir.2004) (en banc), and affirm.

Viewing the totality of the circumstances from the perspective of a reasonable person in Defendant’s position, Crawford, 372 F.3d at 1059 , the questioning of Defendant on November 21, 2005, did not amount to a custodial interrogation, see id. at 1060 (“Being aware of the freedom to depart, and in fact departing after questioning at a law enforcement office, suggest that the questioning was noncustodial.”); United States v. Hayden, 260 F.3d 1062, 1066-67 (9th Cir.2001) (holding that two interviews were not custodial where the defendant appeared for the interviews of her own volition, was told in one of the interviews that she was…

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