552 F. App'x 892
11th Cir.2014Background
- In Sept. 2009 two Secret Service agents interviewed Ana Lazarus at her workplace about alleged credit-card fraud at L&S Travel; the agents arranged the interview in advance and Lazarus chose the time and place.
- The interview lasted about 10–20 minutes in a small office; agents did not display weapons, physically restrain, raise their voices, or tell Lazarus she could not leave.
- During questioning an agent directly accused Lazarus of using the credit cards; Lazarus then confessed she had used old customers’ card numbers and diverted PayPal payments.
- Lazarus was diabetic and felt faint that morning, had low blood sugar before the interview, but tested and improved during the meeting and remained at work afterwards.
- Indicted in 2012 for access-device fraud and aggravated identity theft, Lazarus moved to suppress the 2009 confession as (1) the product of a custodial interrogation without Miranda warnings and (2) involuntary. The district court denied suppression; Lazarus appealed.
Issues
| Issue | Lazarus's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether interview was "in custody" for Miranda | Accusation and circumstances made the interview custodial so warnings required | Interview was noncustodial: arranged, short, at workplace, no restraints or coercion | Not custodial; Miranda warnings not required |
| Whether confession was voluntary | Low blood sugar and fatigue rendered confession involuntary | Confession was voluntary: lucid, brief interview, no threats, improving condition | Voluntary; admissible |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (custodial interrogation and Miranda requirement)
- California v. Beheler, 463 U.S. 1121 (formal arrest or restraint of freedom of the degree associated with formal arrest)
- Stansbury v. California, 511 U.S. 318 (officer’s statement that suspect is a prime suspect not dispositive of custody)
- United States v. Jayyousi, 657 F.3d 1085 (custody can arise when accusation plus coercive circumstances and a defendant attempts to leave)
- Mincey v. Arizona, 437 U.S. 385 (statements involuntary where defendant severely wounded, confused, in pain)
- Blackburn v. Alabama, 361 U.S. 199 (lengthy custodial interrogation of mentally impaired suspect can render confession involuntary)