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Name: U.S. v. Kim
Case #: 01-30166
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/06/2002
Subsequent History: None

Police officers had information that appellant’s store was dealing in large quantities of ephedrine. They executed a search warrant on appellant’s store, and handcuffed and questioned her son, who was working at the time. When appellant arrived, the store was locked, and no one was allowed in. Appellant, who did not speak English well, was not told that she was free to leave. She was questioned for 30 minutes before a Korean interpreter arrived, and for another 30 minutes after one did. At no time did she receive Miranda warnings. Appellant filed a pretrial motion to suppress her statements, which was granted, and the government appealed. Here, the appellate court affirmed the granting of the suppression motion. Under the circumstances, a reasonable person would not have felt free to leave. Therefore appellant was sufficiently restrained so as to be considered “in custody” when police questioned her without Miranda warnings.