Defendant\u2019s house was raided by police at gunpoint and then had everybody in the house in handcuffs and wouldn\u2019t let a mother tend to her crying child in another room. Defendant was unhandcuffed and taken outside to talk. \u201cDefendant was then instructed to go outside to talk with the agents. He was no longer in handcuffs but was escorted by armed officers to the waiting police car. The agent then told Defendant that he was not under arrest and could leave, but as in Borostowski, this assurance clearly rang hollow. Defendant was questioned for less time than Borostowski, but two hours is still significant. The length of the interrogation, combined with the fact that Defendant’s family was still being held in the house, does not detract from a finding of custody.\u201d United States v. De La Vega, 2019 U.S. Dist. LEXIS 56395 (E.D. Wis. Apr. 2, 2019).<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant\u2019s house was raided by police at gunpoint and then had everybody in the house in handcuffs and wouldn\u2019t let a mother tend to her crying child in another room. Defendant was unhandcuffed and taken outside to talk. \u201cDefendant was … Continue reading