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U.S. v. BAIRD

No. 87-3050.

851 F.2d 376 (1988)

UNITED STATES of America, Appellant, v. David P. BAIRD.

United States Court of Appeals, District of Columbia Circuit.

Decided June 24, 1988.

Attorney(s) appearing for the Case

Elizabeth H. Danello, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty. at the time the brief was filed, and Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellant.

David Kagan-Kans, Madison, Wis., (appointed by this court), for appellee.

Before EDWARDS, BUCKLEY, and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

The United States appeals a district court order suppressing evidence obtained from appellee, a U.S. Coast Guard officer, during an interview with a Department of Transportation investigator. The court held that because of the element of military compulsion surrounding the interview, it constituted a custodial interrogation requiring Miranda warnings. The court also held that...

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