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U.S. v. LOVELL

No. 1:03CR00090.

317 F.Supp.2d 663 (2004)

UNITED STATES of America Plaintiff, v. William Ricky LOVELL, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

May 17, 2004.

Attorney(s) appearing for the Case

R. Lucas Hobbs, Assistant United States Attorney, Abingdon, VA, for United States of America.

John E. Jessee, Jessee, Read & Ely, P.C., Abingdon, VA, for Defendant William Ricky Lovell.

OPINION AND ORDER

JONES, Chief Judge.

Before me is the defendant's Motion to Suppress certain incriminating statements made by him to law enforcement officers on two separate occasions without advisement of his Miranda rights. I find that the first statement was made during an interrogation within the meaning of Miranda, and thus the statement must be suppressed. However, as to the second occasion, I find that the defendant was not in custody...

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