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U.S. v. PHILLIPS

No. 86-7272.

812 F.2d 1355 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. George A. PHILLIPS, and Luke A. Finkelstein, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 20, 1987.

Attorney(s) appearing for the Case

John C. Bell, U.S. Atty., Mongtogmery, Ala., Gloria Phares, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Joel H. Pearson, Whitesell, Morrow & Romine, P.C., Calvin M. Whitesell, Montgomery, Ala., David Cromwell Johnson, Johnson, Cory & McNamee, Birmingham, Ala., for defendants-appellees.

Before FAY and JOHNSON, Circuit Judges, and HENDERSON, Senior Circuit Judge.

PER CURIAM:

In this case we review the district court's order granting the suppression of statements made by appellees to police officers and to agents of the Bureau of Alcohol, Tobacco, and Firearms (hereinafter Bureau). The district court found that appellees were in custody within the meaning of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) at the time the statements were made and that appellees were...

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