US v. Leggette: After closing time, a police officer notice a car parked in a parking lot of a park. As being in the park after closing constituted trespassing, the officer investigated and found Leggette and a friend who were “just ‘hanging’ in the park.” While the officer walked with Leggette and his friend back to the parking lot, another officer found a gun in a bag in a trash can. Leggette was then patted down and asked about the gun. After twice denying the gun was his (but volunteering he “just did 15 years” in prison), Leggette eventually admitted the gun was his. He was arrested and, after being Mirandized, “confessed again.” After unsuccessfully moving to suppress his statement in the park, Leggette pleaded guilty to being a felon in possession of a firearm and was sentenced to 180 months in prison.
On appeal, the Fourth Circuit affirmed the denial of Leggette’s motion to suppress. At issue was whether the officer should have given Miranda warnings to Leggette before questioning him in the park. The court concluded that although Leggette was not free to leave at that time, that did not mean he was in “custody” so as to require Miranda warnings. The court noted that only one officer questioned him, asked only a few questions, and never had to physically restrain Leggette (or threaten to). It all happened in a short period of time, in a public (albeit closed) park, in the presence of Leggette’s friend.
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