Federal 7th Circuit Court
Criminal Court
Confession
In prosecution on charge of receipt and possession of child pornography, Dist. Ct. erred in denying defendant's motion to suppress confession given to police at police station, where police had obtained confession prior to giving defendant any Miranda warnings. While govt. argued that defendant gave confession at time when he was not in custody and was otherwise free to leave police station, average person in defendant's position would have thought himself to be in custody and would have been arrested had he attempted to leave police station where police had already seized defendant's computer that contained child pornographic images, and where police subjected defendant to protracted questioning in small, windowless interrogation room.