Copeland

United States v. Copeland

Good Law
291 F. App'x 94
United States Court of Appeals for the Ninth CircuitAugust 22, 2008No. 06-50598California1,002 words

Opinion

Lead Opinion

*96 MEMORANDUM *

Appellant Elizabeth Copeland (“Copeland”) appeals from her convictions for child battery, child battery resulting in coma, and three counts of lying to special agents. We affirm.

I. Suppression Motions

The district court erred by denying Copeland’s motion to suppress the statements made during an interview at Naval Criminal Investigative Service (“NCIS”) headquarters. Although Copeland voluntarily came to the station and was initially told her cooperation was voluntary, she was separated from her companions, questioned for at least seven hours (significantly longer than any prior reported Ninth Circuit case), and confronted by agents with numerous inconsistencies in her story in an accusatory manner. The totality of the circumstances established a setting in which a reasonable person would believe she was not simply free to leave. See United States v. Kim, 292 F.3d 969, 973-78 (9th Cir.2002); United States v. Lee, 699 F.2d 466, 467-68 (9th Cir.1982) (per curiam). Because we conclude the interrogation was custodial, Miranda warnings should have been given, and the district court should have suppressed the statements taken in violation of Miranda. Kim, 292 F.3d…

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