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U.S. v. PANAK

No. 07-4476.

552 F.3d 462 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Jean F. PANAK, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 9, 2009.

Attorney(s) appearing for the Case

ARGUED: Michael L. Collyer, Assistant United States Attorney, Cleveland, Ohio, for Appellant. William Lawrence Summers, Summers & Vargas, Cleveland, Ohio, for Appellee. ON BRIEF: Thomas J. Gruscinski, Assistant United States Attorney, Cleveland, Ohio, for Appellant. William Lawrence Summers, Law Offices, Cleveland, Ohio, for Appellee.

Before ROGERS, SUTTON and McKEAGUE, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

At issue in this appeal is whether the district court properly granted Jean Panak's motion to suppress incriminatory statements she gave to two Drug Enforcement Administration (DEA) investigators during an un-Mirandized interview, lasting 45 minutes to an hour, at her home. Because she was not in "custody" during the interview, we reverse.

I.

In the winter of 2006, DEA investigators became aware that Dr. Donald...

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