U.S. v. Ambrose

In prosecution on charges stemming from defendant's disclosure of confidential information about witness in federal witness protection program, Dist. Ct. did not err in denying defendant's motion to suppress inculpatory statements given during two interviews conducted by U.S. Attorney in FBI building. While defendant argued that said statements should have been suppressed because Miranda warnings had not been given at time of both interviews, defendant was not in custody for purpose of triggering Miranda protections when making statements during either interview where: (1) U.S. Attorney merely informed defendant, who was Deputy U.S. Marshall, about evidence against him and told him that he may be subject to future prosecution; (2) U.S. Attorney told him he was not under arrest during first interview; (3) set-up of interview room did not prevent defendant from leaving room or suggest that he was under arrest; and (4) prior to giving statement during second interview, defendant was allowed to speak to three individuals of his choosing.