United States v. Jermaine Woods, 2013 U.S. App. LEXIS 6658

Woods pleaded guilty conditionally to crack cocaine distribution and firearm charges, sentence 108 months.
Arrest stemmed from a June 15, 2010 traffic stop in Lansing, Michigan.
Officer pat-searched Woods, felt a hard lump, and asked, 'What is in your pocket?'; Woods volunteered 'bo-gue'
The officer then asked if the contraband was drugs or a gun; Woods said the gun was in the car.
A subsequent in-car search recovered a gun and crack cocaine; Miranda warnings were not given.
District court denied suppression; Woods pled guilty, preserving the right to appeal the suppression ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the initial question amounted to custodial interrogation requiring Miranda warnings	Woods contends the question was custodial interrogation prompting Miranda	Government argues the question was not an interrogation under Miranda	Not custodial interrogation; warnings not required

Rhode Island v. Innis, 446 U.S. 291 (U.S. 1980) (definition of interrogation includes words or actions reasonably likely to elicit incriminating response)
Berkemer v. McCarty, 468 U.S. 420 (U.S. 1984) (custody under Miranda; limits on when interrogation triggers warnings)
South Dakota v. Neville, 459 U.S. 553 (U.S. 1983) (express questioning in custody may be exempt from Miranda under normally attendant to arrest and custody)
Illinois v. Perkins, 496 U.S. 292 (U.S. 1990) (undercover questioning not interrogation when listener lacks power over suspect)
Pennsylvania v. Muniz, 496 U.S. 582 (U.S. 1990) (inquiries attendant to procedures not custodial interrogation; voluntary responses)