People v. Buschauer

Defendant, 13 years after his wife's death, was arrested for his wife's murder. Defendant had called 911 and claimed that his wife drowned in the bathtub. Trial court erred in granting defense motions to suppress Defendant's statements and exclude evidence seized from his home, after he consented to search. A reasonable person in Defendant's situation would have felt free to leave at any point during police questioning at police station that occurred 1 week after wife's death.  Defendant was free to leave, was never formally arrested, and was given Miranda warnings as a precaution; he was allowed to go home, after agreeing to return in the morning.(PIERCE and NEVILLE, concurring.)