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OH: Crossing white line is RS

By John Wesley Hall, Jr.

Defendant was not in custody by NCIS when she gave a statement admitting to killing her daughter. United States v. Manning, 2009 U.S. App. LEXIS 2167 (9th Cir. February 4, 2009)* (unpublished): Considering these factors, a reasonable person in Manning's situation would have felt free to terminate the interview and leave. The language used to summon Manning was not indicative of someone in custody. Manning voluntarily accompanied the agents to NCIS offices after a professional and non-threatening summons and her refusal of the invitation by the officers to let her drive separately. While Manning may have been confronted with evidence of her guilt, this is not the case where the agents repeatedly called her a liar, confronted her with misleading evidence, and pressed her for the truth...continue to full post

Full post as published by Fourth Amendment on February 10, 2009 (boomark / email).