United States v. Janice Sylvia Steele ( 1999 )


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  • UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    v.                                                                      No. 99-4381
    JANICE SYLVIA STEELE,
    Defendant-Appellant.
    Appeal from the United States District Court
    for the Western District of North Carolina, at Charlotte.
    Lacy H. Thornburg, District Judge.
    (CR-98-22)
    Submitted: November 16, 1999
    Decided: December 27, 1999
    Before LUTTIG and WILLIAMS, Circuit Judges, and
    HAMILTON, Senior Circuit Judge.
    _________________________________________________________________
    Affirmed by unpublished per curiam opinion.
    _________________________________________________________________
    COUNSEL
    Claire J. Rauscher, Charlotte, North Carolina, for Appellant. Mark T.
    Calloway, United States Attorney, Brian Lee Whisler, Assistant
    United States Attorney, Charlotte, North Carolina, for Appellee.
    _________________________________________________________________
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    OPINION
    PER CURIAM:
    Janice Sylvia Steele appeals her convictions on several charges
    arising from two bank robberies in Gastonia, North Carolina. Steele
    contends that the district court should have suppressed a statement she
    made to a detective during the search of her home because the detec-
    tive did not advise her of her rights under Miranda v. Arizona, 
    384 U.S. 436
     (1966). Finding no reversible error, we affirm.
    In reviewing the decision to deny Steele's motion to suppress a
    statement based on the lack of proper Miranda warnings, factual find-
    ings are reviewed for clear error and the finding that Steele was not
    in custody is reviewed de novo. See United States v. Sullivan, 
    138 F.3d 126
    , 131 (4th Cir. 1998).
    Under Miranda, prior to a custodial interrogation, government offi-
    cials must inform a suspect of certain rights. See Sullivan, 
    138 F.3d at 130
    . "Statements elicited in noncompliance with this rule may not
    be admitted for certain purposes in a criminal trial." Stansbury v.
    California, 
    511 U.S. 318
    , 322 (1994). "The procedural safeguards
    prescribed by Miranda apply only where there has been such a
    restriction on a person's freedom as to render him in custody."
    Sullivan, 
    138 F.3d at 130
     (internal quotation omitted). "In determin-
    ing whether an individual was in custody, a court must examine all
    of the circumstances surrounding the interrogation, but the ultimate
    inquiry is simply whether there [was] a formal arrest or restraint on
    freedom of movement of the degree associated with a formal arrest."
    Stansbury, 
    511 U.S. at 322
    .
    Because Steele was not formally arrested at the time she made the
    incriminating statement, the issue is whether a reasonable person in
    Steele's situation would have considered herself to be in custody. See
    Berkemer v. McCarty, 
    468 U.S. 420
    , 442 (1984). Here, Steele was not
    restrained during the search. She was not separated from her husband
    and she was free to move around her home. In addition, the search
    was brief. Given the totality of the circumstances, we conclude that
    a reasonable person would not have considered herself to be in cus-
    2
    tody. Thus, we find that Steele's motion to suppress the statement was
    properly denied.
    Based on the foregoing, we affirm Steele's convictions and sen-
    tences. We dispense with oral argument because the facts and legal
    contentions are adequately presented in the materials before the court
    and argument would not aid the decisional process.
    AFFIRMED
    

Document Info

Docket Number: 99-4381

Filed Date: 12/27/1999

Precedential Status: Non-Precedential

Modified Date: 10/30/2014