Miranda Warning Does Not Apply to Suspects Not in Custody

By: Associated Press Email
By: Associated Press Email

Denver (AP) A suspect who spoke to a federal agent while sitting in an unmarked car could have her statements used against her because Miranda warnings do not apply to those technically not in custody.

Tamara Yvonne Jones' federal public defenders had asked a judge to throw out her statements made to an immigration and customs enforcement agent who questioned her at a Salt Lake City gas station parking lot on April 7, 2005.

Two agents sat in the front seats of the car and another stood guard outside while an agent sitting on the back seat with Jones asked questions about the alleged purchase of a methamphetamine ingredient. A three-judge panel of the 10th U.S. circuit court of
Appeals panel said Jones was not in custody because, among other things, she was able to freely leave afterward. She was later charged with knowingly possessing a methamphetamine ingredient, which could also be used for explosives.

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