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U.S. v. JAMISON

No. 07-4101.

509 F.3d 623 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Eric JAMISON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 4, 2007.

Attorney(s) appearing for the Case

ARGUED: Lori Ann Leonovicz, Special Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellant. Paresh S. Patel, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, Steven H. Levin, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellant. James Wyda, Federal Public Defender, Baltimore, Maryland, Joseph Balter, Assistant Federal Public Defender, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellee.

Before NIEMEYER and DUNCAN, Circuit Judges, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge NIEMEYER and Senior Judge ELLIS concurred.

OPINION

DUNCAN, Circuit Judge:

This appeal presents the question of whether a defendant subjected to police questioning in a hospital emergency room after he sought treatment for a gunshot wound was "in custody," triggering the protections of Miranda v. Arizona, 384 U.S. 436,...

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