NCJ Number
121264
Date Published
1990
Length
12 pages
Annotation
Discussion of the United States appeal from the district court order suppressing Carter's statement and wallet contents explains how the suspect's Miranda rights were violated since the interrogation took place in a custodial setting and the statement was made with no time for comprehension by the suspect of his rights.
Abstract
The circumstances of the questioning of Carter were such that he felt obligated to hand over his wallet before he could leave the bank president's office. Therefore the place of interrogation was custodial even though not at the police station. Had he been questioned at his work station among other employees, the situation would have been different. Moreover, the written confession was a second statement given after Carter made an initial inculpatory statement. The second confession coming with no intervening time period after the Miranda warnings could not be considered voluntary.