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UNITED STATES v. PHELPS

No. 30237.

443 F.2d 246 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. Howard C. PHELPS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 17, 1971.

Attorney(s) appearing for the Case

Seagal V. Wheatley, U. S. Atty., Haskell Shelton, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellant.

James M. Speer, El Paso, Tex., for defendant-appellee.

Before GOLDBERG and DYER, Circuit Judges, and GROOMS, District Judge.

GOLDBERG, Circuit Judge:

This is an appeal from an order of the court below suppressing certain statements made by the defendant during police questioning. The government appeals,1 claiming that the statements should have been admitted into evidence because (1) the defendant was not "in custody" at the time the statements were made and thus had no right to the protections afforded by Miranda v. Arizona, 1966, 384 U.S. 436...

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