UNITED STATES V. BEARD 119 Fed.Appx. 462 (4th Cir. 2005) CASE BRIEF

UNITED STATES V. BEARD

119 Fed.Appx. 462 (4th Cir. 2005)

NATURE OF THE CASE: Beard (D) was arrested after he admitted owning an illegal, sawed-off shotgun. D moved to suppress his confession on the ground that he had not received proper Miranda warnings. The United States (P) filed an interlocutory appeal after the District Court granted D's motion and ordered the confession to be suppressed.

FACTS: Officers responded to a domestic disturbance. Officer Provost interviewed D's mother, sister, and brother, while Officer Degrauwe went inside the house to speak with D. Officer Provost learned that D had threatened his sister with a shotgun. Officer Provost retrieved the shotgun from a van parked outside the house. After discovering that the barrel of the shotgun had been sawed off and was an illegal length, Officer Provost went inside to talk to D. Officer Provost found Officer Degrauwe and D, who was ironing clothes, in D's bedroom. As Officer Provost entered the room, and signaled to Officer Degrauwe, 'we [are] going to end up cuffing [Beard].' Officer Provost then advised D of his 'Miranda rights.' Officer Provost questioned D about the shotgun, and D confessed that he was a convicted felon, the gun was for home protection, and he had accidentally pointed the shotgun at his sister the night before. The officers handcuffed D and took him to the police station. The entire episode, from the time Officer Provost walked into Beard's bedroom to the time the officers handcuffed Beard, happened very quickly. D filed a motion to suppress his confession, arguing that it was taken in violation of Miranda. The court found that D was not free to leave. The Court ruled for D and P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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