U.S. v. KIM

No. 01-30166.

292 F.3d 969 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Insook KIM, aka In Sook Kim, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2002.


Attorney(s) appearing for the Case

John C. Laing, United States Attorney, District of Oregon, Portland, OR, for the plaintiff-appellant.

Kenneth Ricardo Perry, Portland, Oregon, for the defendant-appellee.

Before: B. FLETCHER, O'SCANNLAIN and BERZON, Circuit Judges.


BERZON, Circuit Judge.

The United States appeals the district court's order granting defendant-appellee Insook Kim's ("Kim") motion to suppress incriminating statements that she made during the execution of a search warrant at her store. The district court found that she was "in custody" for Miranda purposes, and therefore entitled to the familiar warnings before questioning began. The government appeals, contending that Kim was not in custody and therefore...

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