E.D.Ky.: Def’s handcuffing was not an arrest, but it was custody for Miranda purposes

“The Court finds that Sydnor was not placed under formal arrest when officers handcuffed him at the beginning of the search. However, Sydnor was in custody for purposes of Miranda during the search. Regarding the statements themselves, the first one was an unsolicited voluntary utterance outside the scope of Miranda. In contrast, the second statement was elicited by a direct question whose answer could only reasonably be incriminating. The Court will recommend that Sydnor’s motion to suppress be granted only in regard to the second statement.” United States v. Sydnor, 2016 U.S. Dist. LEXIS 184564 (E.D. Ky. Dec. 9, 2016).

Defendant was cooperative but the officer had him come around to the back of the car for a frisk, and the officer’s hand was on him, guiding him. Before the frisk could actually start, defendant bolted and his gun dropped. It would be easy to just say that the frisk was based on reasonable suspicion, but here, the frisk hadn’t even started when defendant bolted. Therefore, there was no frisk, although there was reasonable suspicion. (The other two objections to the R&R are general and dismissed.) United States v. Henderson, 2017 U.S. Dist. LEXIS 23802 (W.D.Tenn. Feb. 21, 2017),* adopting 2016 U.S. Dist. LEXIS 184389 (W.D. Tenn. Dec. 7, 2016).*

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